STATE OF IOWA, Plaintiff-Appellee, vs. KENNETH LAMAR HOLMES, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-781 / 07-0195
Filed November 15, 2007
STATE OF IOWA,
Plaintiff-Appellee,
vs.
KENNETH LAMAR HOLMES,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Karen A. Romano
(guilty plea) and Donna L. Paulson (sentencing), Judges.
Defendant appeals his sentence after he pled guilty to two counts of
possession of a controlled substance with intent to deliver. AFFIRMED.
Christopher Kragnes of Kragnes, Tingle & Koenig, P.L.C., Des Moines, for
appellant.
Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney
General, John P. Sarcone, County Attorney, and Robert DiBlasi and Stephan
Bayens, Assistant County Attorneys, for appellee.
Considered by Vogel, P.J., and Mahan and Zimmer, JJ.
2
VOGEL, J.
Kenneth Holmes pled guilty to two counts of possession of a controlled
substance with intent to deliver in violation of Iowa Code section 124.401(1)(c)(3)
(2005) and was sentenced to two consecutive ten-year prison terms. Holmes
appeals from his sentence and asserts that the district court erred in sentencing
him because the court focused on his lengthy criminal history. In our abuse of
discretion review, we find the court considered all the relevant sentencing factors,
including the information contained in the presentence investigation report, and
the arguments of counsel, and was well within its discretion.
See State v.
August, 589 N.W.2d 740, 744 (Iowa 1999) (“In applying discretion, the court
should weigh and consider all pertinent matters in determining proper sentence,
including the nature of the offense, the attending circumstances, defendant’s
age, character and propensities and chances of his reform.”).
pursuant to Iowa Ct. R. 21.29(1)(a) and (e).
AFFIRMED.
We affirm
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