STATE v. CARNCROSS

No. 55630.

205 N.W.2d 698 (1973)

STATE of Iowa, Appellee, v. Robert Hamilton CARNCROSS, Appellant.

Supreme Court of Iowa.

March 28, 1973.


Attorney(s) appearing for the Case

Thomas Rowe, Fairfield, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and Edwin F. Kelly, County Atty., Fairfield, for appellee.

Submitted to MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and HARRIS, JJ.


PER CURIAM.

The sole question presented by this appeal is whether the trial court abused its discretion in sentencing defendant, Robert Hamilton Carncross, to a term not to exceed five years in the state penitentiary for the crime of larceny of property having a value in excess of $20. That sentence was the maximum under the applicable statute, Code section 709.2. Defendant could have been given a jail sentence, a fine, or both.

The sentence imposed followed...

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