from the Iowa District Court for Black Hawk County, Jeffrey
L. Harris, District Associate Judge.
Anderson appeals her sentence imposed after her guilty plea
to operating while intoxicated. AFFRIMED.
R. Junaid of Frerichs Law Office, P.C., Waterloo, for
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and
Anderson appeals her sentence following a guilty plea to
operating while intoxicated, first offense, in violation of
Iowa Code section 321J.2(2)(a) (2016). On appeal, Anderson
claims the district court failed to exercise discretion in at
first declining to delay mittimus because it has a policy of
ordering immediate custody following sentencing when a
defendant is sentenced to jail time. We find the district
court properly exercised its discretion and affirm the
sentence as imposed.
Background Facts and Proceedings.
February 2017, Anderson was stopped by a Cedar Falls police
officer for driving erratically. A breath test revealed a
breath alcohol content of .222. Anderson was charged with and
pled guilty to operating while under the influence (OWI). The
State recommended a ninety-day jail sentence with all but
four days suspended; Anderson requested a jail sentence with
all but two days suspended, to be served at the Hawkeye
Community College residential OWI program.
beginning of the sentencing hearing, the court informed
counsel and Anderson:
I understand the parties are fighting over the issues of the
possible confinement. I have already advised [defense
counsel] of the court's policy of immediate sentencing,
which would require her to go into immediate confinement
should she receive any term of confinement, and apparently
[defense counsel] takes exception with that.
hearing from counsel and Anderson, the district court
sentenced Anderson to ninety days' incarceration with all
but four days suspended. The court gave the following
rationale for its sentence:
There are a number of sentencing goals and objectives that
the court must consider in issuing what it considers to be an
The first is, of course, your punishment. This being the
offense of operating while intoxicated, it's a first
offense for you, but I'm also considering the underlying
nature of the offense itself. You were observed ...