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State v. Zwagerman4/10/2002
tion of his defense and dissatisfaction with counsel's preparation for trial. The trial judge refused to continue trial. The record reveals Zwagerman had previously requested and been granted two continuances. The trial court's denial of Zwagerman's motion for continuance was appropriate considering both the recognized need for the fair and proper administration of justice and the history of the case. See United States v. Rankin, 779 F.2d 956, 958 (3d Cir. 1986). We conclude the trial court did not abuse its discretion in denying the defendant's eleventh hour request for a further to delay to replace an attorney he had worked with for more than five months.
Sentencing.
Zwagerman also appeals the trial court's denial of his request for thirty days of in-home detention rather than the ten-day jail sentence imposed. Because the challenged sentence does not fall outside the statutory limits, we review the court's sentencing decision for an abuse of discretion. State v. Cooley, 587 N.W.2d 752, 754 (Iowa 1998). An abuse of discretion is found only if the court's discretion has been exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable. State v. Laffey, 600 N.W.2d 57, 62 (Iowa 1999).
The sentencing judge stated that she was "not authorizing in-home detention as an alternative to a mandatory jail sentence." Zwagerman argues the trial court was under the mistaken impression it lacked the authority to grant his request for in-home detention under the circumstances. We note that the record at sentencing contains no indication that the Johnson County Sheriff has certified to the court that his jail has an in-home detention program, a prerequisite for the alternative sentence requested. Furthermore, we are not convinced that the trial court failed to exercise discretion in this case. The sentencing judge did not indicate she could not authorize in-home detention but that she was not authorizing in-home detention as an alternative to a mandatory jail sentence. We conclude the trial court imposed an appropriate sentence after considering the evidence produced at trial, the defendant's prior criminal history, and other proper sentencing factors.
Ineffective Assistance of Counsel Claim.
Zwagerman's final issue on appeal concerns the performance of his trial counsel. He contends his trial attorney did not properly prepare for trial in several respects. Generally, ineffective assistance of counsel claims are preserved for post-conviction proceedings to allow trial counsel an opportunity to defend the charge. State v. Mulder, 313 N.W.2d 885, 890 (Iowa 1981). We find the record is inadequate to address Zwagerman's claims of ineffective assistance of counsel. Accordingly, we preserve his claims for possible post-conviction proceedings so the facts can be further developed. See State v. Bass, 385 N.W.2d 243, 245 (Iowa 1986).
AFFIRMED.
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