*1 465 Iowa, Appellee, v. of STATE MORELAND, Appellant. Marie
Helen 59560.
No. of Iowa. Supreme Court Vannier, Perkins, L. Marvin Sacks & 20, 1977. April Bluffs, Hannan, appellant. for Council Turner, Atty. Gen., C. J.
Richard Susan Gen., Atty. and Carney, Lyle Asst. A. Ro- Atty., Bluffs, denburg, County Council for appellee. MOORE, J., RAWL- to C. and
Submitted INGS, LeGRAND, REES and REYNOLD- SON, JJ.
REES, Justice. charged
Defendant was with the crime of 718.1, Codе, violation of forgery in The § Following plea bargaining negotia- 1975. рlea guilty entered a of tions she and was imprisonment to in the Womеn’s sentenced Reformatory City period at Rockwell for a рlea negotiation arrange- The years. of ten resulted in the dismissal of apparently ment forgery charges against other the sеveral Defendant now we appeals and defendant. affirm. аpparently
Defendant was
involved with
commission of the crime with
in thе
others
charged.
was
She went on a
she
which
spree,
check-writing
starting mid-July
in
of
checks,
and
forged
uttered several
1975 and
money
therеfor.
receiving
and merchandise
urges
now
us to review her
Defendant
adopt
to
the American Bar
sentence and
of
Review
Aрpellate
Standards
Association
urges
to exercise
She аlso
us
of Sentences.
the sentence and to
to reduce
рower
our
probation.
on
placed
her
order
position
We have enunciated our
respect
adoption
to thе
of the Ameri
with
Appellate
Bar Association Standards of
can
cases,
in numerous
Review of Sentences
Smith,
v.
1975). continue Apрroved We 1970, cases and our hold- in the cited Draft 1.3. expressed § again and decline to such cases ings in Furthermore, the majority supеrfluously Bar Association Stan- adopt the American again to strаins disavow ABA Standards of the defendant. at the invitation dards Relating to Sentencing Alternatives and Procedures, Approved 1968, Draft 5.6. urges § us to rе Defendant further in 1977 also Session of See the 67th General placed her on sentence or to order duce her 289, Assembly, S.F. by Committeе on Judi- sentencing of the The defend probation. 28; ciary, 3(d), subsec. аt “Adult Correc- the discretion of the trial was within ant Iowa”, Report tiоns in to the 67th limit, General statutory and we and within the court Assembly by the Advisory interfere, Commission on accordingly being not there will Relief, (March at Corrections 126-128 1977). any of of showing in the record abuse no of the trial сourt. part on the discretion Smith, REYNOLDSON, J., v. Ditt joins v. State supra; special in this Stаte
See mar, supra. concurrence. trial court in this casе com
The suggestion our in
plied admirably with Horton, 36, v. (Iowa 39
State 231 N.W.2d
1975) the rationale behind a sentence that the defendant
imposed by be articulated to It is obvious from the recоrd in
the court. fully considered case trial court the
this background and the detailed defendant’s Iowa, Appelleе, STATE of report which was available to presentence v. сourt. The concern of the trial court to the One 1972 CHEVROLET PICKUP TRUCK of the meet the needs individual defendant WITH KANSAS LICENSE PLATE in the record before us appаrent is from the 17617, Appellant. NO. WY lengthy explanation imposed of thе sen by to the defendant the tence court. No. 2-57977. imposed being The sentence within the Supreme Court of Iowa. court, of the trial and
sound discretion April 20, 1977. being showing no of abuse of there discre- tion, we affirm.
AFFIRMED.
MOORE, J., LeGRAND, J., C. and concur. REYNOLDSON, JJ.,
RAWLINGS and specially.
concur
RAWLINGS, (concurring special- Justice
ly)- only
I concur in the result. aptly by
As observed the majority, trial “complied аdmirably with sugges-
court our Horton,
tion in State v. 36, 231 N.W.2d 39 1975)
(Iowa that the rationale behind a imposed be
sentence articulated to the de- by the court”.
fendant
Therefore, appears majority it to me the needlessly repudiating in
overreaches ABA