State v. Thomas

The defendant, David L. Thomas, appeals the sentence imposed upon his guilty plea to possession with intent to deliver a controlled substance (cocaine base) in violation of Iowa Code section 124.40I(l)(b)(3) (1995). Thomas contends the district court erred in failing to exercise its discretion to waive the one-third mandatory minimum prison sentence under Iowa Code section 124.413. We affirm.

Thomas was charged by trial information with possession with intent to deliver five grams of cocaine base, and failure to affix a drug tax stamp in violation of Iowa Code section 453B.12. Thomas agreed to…