State v. Cupples

The sole question presented by this appeal is whether the trial court abused the discretion vested in it by Code section 718.1, subsection 9, which provides one convicted of forgery “shall be imprisoned in the penitentiary not more than ten years or imprisoned in the county jail not exceeding one year, or fined not exceeding one thousand dollars.” Following defendant’s plea of guilty of forgery and a presentence investigation the trial court sentenced him to a term not exceeding ten years in the men’s reformatory at Anamosa and included in the order a recommendation defendant receive a parole…