State v. Sailer

Defendant James Sailer pled guilty to a charge of third-degree theft, an aggravated misdemeanor. See Iowa Code §§ 714.1, 714.2(3) (1995). He was sentenced to the maximum term of incarceration allowed, an indeterminate prison term of two years. See id. § 903.1(2). Sailer appeals claiming that the district court erred in overruling his objection to certain portions of a victim impact statement introduced at the sentencing hearing and contends that the court improperly considered unproven offenses disclosed in the victim impact statement in determining his sentence. He requests that the sentence be vacated and the case remanded for resentencing. We affirm.