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STATE v. WELFORT

No. 58433.

238 N.W.2d 781 (1976)

STATE of Iowa, Appellee, v. William Lewis WELFORT, Appellant.

Supreme Court of Iowa.

February 18, 1976.

Attorney(s) appearing for the Case

Lloyd H. Wolf, of Napier, Napier & Wright, Fort Madison, for appellant.

Richard C. Turner, Atty. Gen., David L. Brown, Asst. Atty. Gen., and Barry M. Anderson, County Atty., for appellee.

Heard by MOORE, C. J., and RAWLINGS, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.

McCORMICK, Justice.

Defendant contends Magistrate Joseph L. Phelan abused his discretion in sentencing him in absentia to a term "not to exceed six months" in the Lee County Jail and fining him $1000 upon his conviction after plea of guilty to possession of marijuana in violation of § 204.401(3), The Code. We find the portion of the sentence ordering defendant incarcerated is void because indefinite and the entire sentence should be set aside because the...

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