STATE v. JONES, 796 N.W.2d 458 (Iowa App. 2004)

STATE OF IOWA, Appellee, v. MICHAEL WAYNE JONES, Appellant.

No. 3-815 / 03-0982.Court of Appeals of Iowa.
Filed January 14, 2004.

Appeal from the Iowa District Court for Linn County, Kristin L. Hibbs (Plea) and James C. Bauch (Sentencing), Judges.

Michael Jones appeals the sentence entered upon his conviction for second-degree theft. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and James Tomka, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Sheryl Soich, Assistant Attorney General, Harold Denton, County Attorney, and Russell Keast, Assistant County Attorney, for appellee.

Considered by Vogel, P.J., and Hecht and Vaitheswaran, JJ.

VOGEL, P.J.

Michael Jones appeals the sentence entered upon his conviction for second-degree theft, in violation of Iowa Code sections 714.1(3) and 714.2(2) (2001), contending the district court abused its discretion in sentencing him to a term of imprisonment not to exceed five years. “An abuse of discretion is found only when the sentencing court exercises its discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” See State v. Privitt, 571 N.W.2d 484, 486 (Iowa 1997). Here, the court considered, among other factors, Jones’ continuing drug use, past failures when granted probation, and extensive criminal history. In light of our determination the district court considered appropriate factors and issued a sentence that was within the permissible range, we conclude the court did not abuse its discretion. We therefore affirm the sentence imposed.

AFFIRMED.