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STATE v. KRIVOLAVY

No. 60186.

258 N.W.2d 157 (1977)

STATE of Iowa, Appellee, v. Robert Joseph KRIVOLAVY, Appellant.

Supreme Court of Iowa.

October 19, 1977.

Attorney(s) appearing for the Case

Dan T. McGrevey, Fort Dodge, for appellant.

Richard C. Turner, Atty. Gen., and William Thatcher, Webster County Atty., for appellee.

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

LeGRAND, Justice.

Defendant entered a guilty plea to a charge of embezzlement by agent in violation of § 710.5, The Code, 1975. He was sentenced to serve a term of not more than five years in the penitentiary and fined $3,621.25, the exact amount which he had embezzled. He appeals, asserting only that the sentence imposed was in excess of the maximum provided by statute. We modify the sentence and affirm the judgment...

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