STATE v. FOSTER

No. 93-284.

511 N.W.2d 398 (1994)

STATE of Iowa, Appellee, v. Leland James FOSTER, Appellant.

Supreme Court of Iowa.

January 19, 1994.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Kevin Cmelik, Asst. Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Bridget Chambers, Asst. Atty. Gen., Paul Martin, County Atty., and Steven D. Tynan, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN and ANDREASEN, JJ.


CARTER, Justice.

Defendant appeals from conviction and sentence following a trial in which he was found guilty of possession of marijuana. He contends that the portion of the court's sentence that ordered him to enroll in and complete a substance abuse education program was illegal because that sanction may only be imposed as a condition of probation. Defendant urges that because he was not granted probation that sentencing option was not available to the district...

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