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STATE v. KRAMER

No. 09-0140.

773 N.W.2d 897 (2009)

STATE of Iowa, Plaintiff-Appellee, v. Carlos Alberto KRAMER, Jr., Defendant-Appellant.

Court of Appeals of Iowa.

August 19, 2009.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Bradley M. Bender, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Paul L. Martin, County Attorney, and Carlyle D. Dalen, Assistant County Attorney, for appellee.

Considered by SACKETT, C.J., and VOGEL, J., and MILLER, S.J.

VOGEL, J.

Carlos Kramer appeals from the fine imposed on his conviction for operating while intoxicated, first offense. He asserts the district court erred in determining the fine could not be suspended. Because we conclude the district court had discretion to suspend the fine imposed under Iowa Code section 321J.2(2)(a)(2) (2007), we vacate the fine portion of his sentence and remand for resentencing.

I. Background Facts and Proceedings

On August...

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