The Iowa Court of Appeals has ruled a Scott County man won’t have to pay a fine, but will still have to do time on a drug charge. Ravin Miller pled guilty to possession with intent to deliver marijuana as a habitual offender in 2012.
The district court sentenced Miller to a 15-year prison sentence with a minimum time of three years served, and a $2,500 fine. Miller appealed, saying the fine was illegal and his entire sentence should be thrown out because his lawyer didn’t object to the fine at his sentencing.
The Court of Appeals agreed there is no provision for a fine for being a habitual offender and threw out the fine. But the court said the failure of his lawyer to object to the fine did not impact the rest of the sentence and it will still stand.