State v. Koch

Gary Koch pleaded guilty to an information that charged him with unlawfully possessing peyote and with feloniously dispensing the substance. The district court imposed concurrent sentences of imprisonment for 1 year on the first count and for 3 to 5 years on the second count. Koch appeals. He asserts that the sentences are excessive.

Koch, age 24, passed the tenth grade in school and “GED in service” or “GED at G. I. H. S.” He enjoys attending school. There is evidence of no prior felony convictions and of an honorable discharge from the Navy. The probation officer reported that Koch had been…