State v. Lee

Defendant, William E. Lee, Sr., appeals from his convictions for possession of marijuana with intent to deliver and possession of cocaine. He argues the sentencing court erroneously believed it had no discretion to suspend the fines and failed to exercise its discretion in imposing them. We vacate that portion of the sentences imposing the fines and remand for resentencing.

A jury found defendant guilty of possession of marijuana with the intent to deliver in violation of Iowa Code section 124.401(l)(d) (1995), and possession of eocaine in violation of section 124.401(3). 1 The district court…