State v. Formaro

CARTER, Justice.

Defendant, Anthony John Formaro, Jr., convicted on a plea of guilty of the offense of possession of marijuana with intent to deliver as a habitual offender in violation of Iowa Code sections 124.401(l)(d) and 902.9(2) (1999), appeals from the resulting sentence of imprisonment. He urges that *741the sentencing judge failed to recognize and thus failed to exercise the discretion vested in him to suspend a portion of defendant’s fifteen-year prison term. The State urges that a sentencing judge has no authority to suspend a portion of an indeterminate sentence. We agree with the…