STATE v. COOLEY

No. 97-1657.

587 N.W.2d 752 (1998)

STATE of Iowa, Appellee, v. Michael COOLEY, Appellant.

Supreme Court of Iowa.

November 25, 1998.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and John P. Messina, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Steven G. Norby and Joel Dalrymple, Assistant County Attorneys, for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, SNELL, and CADY, JJ.


NEUMAN, Justice.

This appeal raises one narrow issue: Did the district court erroneously give a defendant the "choice" between two sentencing options posed by the court? The defendant seeks reversal and a remand for resentencing. We affirm the district court.

Defendant, Michael Cooley, was tried and convicted for operating while intoxicated, first offense, in violation of Iowa Code section 321J.2 (1995). By separate trial he was also convicted of violating...

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