State v. Spivie

SACKETT, Presiding Judge.

Defendant-appellant Joseph Spivie appeals his conviction following a jury trial for manufacturing a controlled substance in violation of Iowa Code section 124.401(l)(d) (1995). Defendant contends (1) there is not sufficient evidence to support the conviction; (2) the trial court should have submitted possession of a controlled substance as a lesser-ineluded offense; and (3) the trial court abused its discretion in imposing a fine. We affirm and remand for partial resentencing.

Two Marion police officers saw two large plants they thought to be marijuana growing near the…