STATE v. DeWITT

No. 87-1183.

426 N.W.2d 678 (1988)

STATE of Iowa, Plaintiff-Appellee, v. Berton Allen DeWITT, Defendant-Appellant.

Court of Appeals of Iowa.

May 31, 1988.


Attorney(s) appearing for the Case

Charles L. Harrington, Chief Appellate Defender, and Linda Del Gallo, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Lona Hansen and Roxann M. Ryan, Asst. Attys. Gen., and Barbara Edmondson, Asst. Co. Atty., for plaintiff-appellee.

Considered by SCHLEGEL, P.J., and SACKETT and HABHAB, JJ.


HABHAB, Judge.

The defendant, Berton Allen DeWitt, was convicted of the crime of possession of a controlled substance (marijuana), in violation of Iowa Code section 204.401(3), after a trial by jury. The defendant was sentenced to pay a fine of $300, a fifteen percent surcharge, plus costs of prosecution. The defendant was also sentenced to a term of imprisonment not to exceed six months, but this was suspended and the defendant was placed on probation.

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