State v. Krivolavy

LeGRAND, Justice.

Defendant entered a guilty plea to a charge of embezzlement by agent in violation of § 710.5, The Code, 1975. He was sentenced to serve a term of not more than five years in the penitentiary and fined $3,621.25, the exact amount which he had embezzled. He appeals, asserting only that the sentence imposed was in excess of the maximum provided by statute. We modify the sentence and affirm the judgment.

The sentencing statute for those convicted of violating § 710.5 is § 709.2, which directs that the guilty party “shall be punished by imprisonment in the penitentiary not more…