STATE v. OHNMACHT

No. 83-311.

342 N.W.2d 838 (1983)

STATE of Iowa, Appellant, v. Michael Dean OHNMACHT, Appellee.

Supreme Court of Iowa.

December 21, 1983.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Richard L. Cleland, Asst. Atty. Gen., for appellant.

Vicki R. Danley, Sidney, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, SCHULTZ and WOLLE, JJ.


SCHULTZ, Justice.

The underlying issue presented by this appeal concerns the power of a sentencing judge to ignore the legislatively prescribed sentence and substitute his own conception of appropriate punishment because he believes the statutory sentence would result in a miscarriage of justice. We hold that a member of the judiciary lacks such authority and is bound to impose the sentence mandated by a valid statute.

The defendant, Michael Dean Ohnmacht...

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