State v. Peterson

McGIVERIN, Justice.

In this discretionary review granted pursuant to Iowa Code section 814.5(2)(d) (1981), the State challenges the legality of the sentence imposed upon defendant Carl Peterson by the trial court. Defendant pled guilty to assault while participating in a felony, a class “D” felony in violation of Iowa Code section 708.3 (1979). No prison sentence was imposed; trial court sentenced defendant to pay a fine of $1000 as the only sanction for the offense.

On appeal, the State contends that the fine-only sentence was illegal and void because the applicable statutes, including section…