STATE v. CHANA

No. 90-1556.

476 N.W.2d 38 (1991)

STATE of Iowa, Appellee, v. Dan CHANA, Appellant.

Supreme Court of Iowa.

October 16, 1991.


Attorney(s) appearing for the Case

John P. Messina, Des Moines, for appellant.

Bonnie J. Campbell, Atty. Gen., Bruce Kempkes, Asst. Atty. Gen., David J. Welu, County Atty., and Constance Welu, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, SNELL, and ANDREASEN, JJ.


NEUMAN, Justice.

This is an appeal from the sentence imposed following defendant Dan Chana's guilty plea to the crime of operating while intoxicated (OWI), first offense. Defendant, who served eight days in jail on this conviction, challenges only the imposition of a $500 fine which he asked the court to suspend. The court ruled it had no discretion to do so under the pertinent statute. We now vacate the sentence imposed and remand for resentencing.

The statute...

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