from the Iowa District Court for Hamilton County, Paul B.
Ahlers, District Associate Judge.
appeals his conviction and sentence for operating while
Forcier of Forcier Law Office, P.L.L.C., Waterloo, for
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Bower,
Jamison appeals his conviction and sentence for operating
while intoxicated. We find the district court did not abuse
its discretion in sentencing Jamison to ninety days in jail.
Background Facts & Proceedings
was charged with operating while intoxicated, in violation of
Iowa Code section 321J.2 (2015), a serious misdemeanor. He
entered into a plea agreement in which he agreed to plead
guilty to the charge and the State agreed to recommend he
receive a sentence of four days in jail. The State also
agreed to dismiss a speeding ticket. Jamison signed a written
guilty plea, which was accepted by the court.
July 13, 2016 sentencing hearing, the State recommended
Jamison be sentenced to four days in jail. The court asked
what prompted Jamison's contact with law enforcement, and
the prosecutor stated Jamison had been driving 138 miles per
hour in a sixty-five mile per hour zone. The court then asked
about Jamison's blood alcohol level and was informed it
was .225. Defense counsel also requested Jamison be sentenced
to four days in jail, pointing out Jamison was employed, had
undergone a substance abuse evaluation, had begun treatment,
and had some medical problems. Jamison had two previous
convictions for driving while intoxicated in Virginia.
court sentenced Jamison to ninety days in jail, with credit
for time served. The court determined Jamison could leave
jail to accommodate his work schedule, pursuant to section
356.26, subject to the conditions he exhibit good behavior
and avoid alcohol and drugs. Jamison now appeals.
Standard of Review
sentence is within the statutory limits, we review a district
court's sentencing decision for an abuse of discretion.
State v. Seats, 865 N.W.2d 545, 552 (Iowa 2015).
"Thus, our task on appeal is not to second-guess the
decision made by the district court, but to determine if it
was unreasonable or based on untenable grounds."
Id. at 553. "In other words, the district court
did not abuse its discretion if the evidence supports the