State v. Chana

NEUMAN, Justice.

This is an appeal from the sentence imposed following defendant Dan Chana’s guilty plea to the crime of operating while intoxicated (OWI), first offense. Defendant, who served eight days in jail on this conviction, challenges only the imposition of a $500 fine which he asked the court to suspend. The court ruled it had no discretion to do so under the pertinent statute. We now vacate the sentence imposed and remand for resentencing.

The statute in question is Iowa Code section 321J.2(2)(a) (1989). This law provides that for first-offense OWI the violator

shall be imprisoned in…