STATE OF IOWA, Plaintiff-Appellee, vs. JOHNIE WOODROW WALLACE, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 9-551 / 08-1975
Filed August 6, 2009
STATE OF IOWA,
Plaintiff-Appellee,
vs.
JOHNIE WOODROW WALLACE,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Cynthia Moisan,
Judge.
Defendant appeals his sentence following a guilty plea. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant
State Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Mary E. Tabor, Assistant Attorney
General, John P. Sarcone, County Attorney, and Mark Sandon, Assistant County
Attorney, for appellee.
Considered by Sackett, C.J., and Eisenhauer and Doyle, JJ.
2
EISENHAUER, J.
Johnie Woodrow Wallace appeals the judgment and sentence entered
upon his guilty plea to criminal mischief in the fourth degree, a serious
misdemeanor. The district court sentenced him to one year in jail, suspended
the jail sentence, and placed him on probation for one year. The court also
ordered:
BATTERER’S EDUCATION PROGRAM.
Defendant shall
schedule a needs assessment at the time he/she signs up for
probation. Defendant shall complete, cooperate with and pay for
the 24/36 week Batterer’s Education Program, as well as any
recommended treatment or aftercare program. . . .
Wallace contends the district court exceeded its statutory authority when it
imposed completion of a batterer’s education program as a term of sentence. 1
We disagree.
A court may order the completion of the batterer’s education
program as a condition of probation. State v. Manser, 626 N.W.2d 872, 875
(Iowa Ct. App. 2001).
The portion of the court’s sentencing order placing
Wallace on probation states:
“Defendant is to comply with all terms and
conditions of probation as set forth herein.” It is clear from the context of the
sentencing order that the batterer’s education program is a condition of Wallace’s
probation and the sentencing court has the authority to order batterer’s education
as a condition of probation. Accordingly, the sentence is affirmed.
AFFIRMED.
1
We do not address Wallace’s conclusory footnote regarding the issue of whether the
program would be a “reasonable term of probation.” A random mention of an issue,
without elaboration or supportive authority, is not sufficient to raise the issue for review.
Soo Line R.R. Co. v. Iowa Dep’t of Transp., 521 N.W.2d 685, 691 (Iowa 1994).
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