State v. Cooley

NEUMAN, Justice.

This appeal raises one narrow issue: Did the district court erroneously give a defendant the “choice” between two sentencing options posed by the court? The defendant seeks reversal and a remand for resentenc-ing. We affirm the district court.

Defendant, Michael Cooley, was tried and convicted for operating while intoxicated, first offense, in violation of Iowa Code section 321J.2 (1995). By separate trial he was also convicted of violating the “registration applied for” provision of Iowa Code section 321.25, a simple misdemeanor. See Iowa Code § 321.482 (violation of any act…