State v. Kapell

TERNUS, Justice.

Defendant, Aljoe Roger . Kapell, appeals from the sentences imposed on his convictions of operating while intoxicated (OWI), second offense, and driving while license suspended in violation of Iowa Code sections 321J.2 and 321J.21 (1991). 1 On December 22, 1992, the district court sentenced Kapell to a term not to exceed two years on the charge of OWI and five days in the county jail on the charge of driving while suspended.

Kapell claims his sentences were illegal for two reasons. First, he asserts the trial court violated Iowa Code section 246.513 when it sentenced him to the…