State v. DeVan

Defendant, Jerry Gerald DeVan, was charged, tried, convicted and sentenced to a term not to exceed ten years in the men’s penitentiary for breaking and entering in violation of Code section 708.8. He appeals contending the trial court abused its discretion by imposing overly severe punishment and refusing to grant probation.

In considering a like contention in State v. Carncross, Iowa, 215 N.W.2d 698, filed simultaneously herewith, supported by citation of our recent holdings, the following legal principles are recognized. It is our duty to carefully consider whether the punishment is too…