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State v. March

Court of Appeals of Iowa

January 10, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
KEITH L. MARCH, Defendant-Appellant.

         Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.

         The defendant appeals the sentences imposed on his convictions for operating while under the influence and driving while barred.

          Eric D. Tindal of Keegan, Farnsworth & Tindal, Iowa City, for appellant.

          Thomas J. Miller, Attorney General, and Linda J. Hines, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., McDonald, J., and Goodhue, S.J. [*]

          GOODHUE, SENIOR JUDGE.

         Keith L. March pled guilty to operating while under the influence, third offense, and driving while barred as an habitual offender. He was sentenced to five years on the operating-while-under-the-influence conviction and two years on the driving-while-barred conviction. The sentences were ordered to be served concurrently. March appeals the sentences.

         I. Background Facts and Circumstances

         March's appeal is only as to the sentences the court imposed. He maintains the trial court did not set forth reasons for imposing a two-year sentence for driving while barred. He also claims that although the trial court said he would be incarcerated under the Operating While Under the Influence Continuum Program (Continuum Program), the written sentencing order does not reflect he was to be placed in the Continuum Program.

         II. Preservation of Error

         The ordinary rules of error preservation do not apply when a challenge is to an error in sentencing. State v. Lathrop, 781 N.W.2d 288, 293 (Iowa 2010).

         III. Scope of Review

         Sentences are reviewed for corrections of errors at law. Iowa R. App. P. 6.907.

         IV. ...


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