STATE v. SPIVIE

No. 97-0657.

581 N.W.2d 205 (1998)

STATE of Iowa, Plaintiff-Appellee, v. Joseph SPIVIE, Defendant-Appellant.

Court of Appeals of Iowa.

April 24, 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, Jean C. Pettinger, Assistant Attorney General, Denver D. Dillard, County Attorney, and Jerry Vander Sanden, Assistant County Attorney, for appellee.

Heard by SACKETT, P.J., and STREIT and MAHAN, JJ.


SACKETT, Presiding Judge.

Defendant-appellant Joseph Spivie appeals his conviction following a jury trial for manufacturing a controlled substance in violation of Iowa Code section 124.401(1)(d) (1995). Defendant contends (1) there is not sufficient evidence to support the conviction; (2) the trial court should have submitted possession of a controlled substance as a lesser-included offense; and (3) the trial court abused its discretion in imposing a fine. We affirm...

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