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STATE v. FORMARO

No. 01-0464.

638 N.W.2d 740 (2002)

STATE of Iowa, Appellee, v. Anthony John FORMARO, Jr., Appellant.

Supreme Court of Iowa.

January 24, 2002.

Attorney(s) appearing for the Case

Charles P. Pritchard, Jr. of the Nading Law Firm, Ankeny, for appellant.

Thomas J. Miller, Attorney General, Kristin Mueller, Assistant Attorney General, John P. Sarcone, County Attorney, and Gary Kendall, Assistant County Attorney, for appellee.

CARTER, Justice.

Defendant, Anthony John Formaro, Jr., convicted on a plea of guilty of the offense of possession of marijuana with intent to deliver as a habitual offender in violation of Iowa Code sections 124.401(1)(d) and 902.9(2) (1999), appeals from the resulting sentence of imprisonment. He urges that the sentencing judge failed to recognize and thus failed to exercise the discretion vested in him to suspend a portion...

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