(concurring specially).
I concur in the result and the court’s opinion except for its refusal to adopt ABA Standards, Standards Relating to Sentencing Alternatives and Procedures, sections 2.2 and 2.5(e) (1968), and Standards Relating to Probation, section 1.3 (1970).
In State v. Cupples, 260 Iowa 1192, 1197, 152 N.W.2d 277, 280 (1967), this court committed Iowa courts to the concept of individualized sentencing. We are charged with the duty to review sentences when they are challenged. Now trial judges must give their reason for selecting a particular sentence. Iowa R.Crim.P. 22(3)(d). However, unless we delineate standards by which trial judges are to be guided in selecting an appropriate sentence, the propriety and sufficiency of the judge’s reasons must await appellate review on an ad hoc basis. Adopting the ABA standards would be a small but beneficial step toward providing necessary guidance. It would encourage uniformity in sentencing practices and assist us in review.
I regret that the court is so reluctant to recognize the merit in the objective standards recommended after exhaustive and careful study by the ABA. See State v. Peckenschneider, 236 N.W.2d 344, 348-56 (Iowa 1975) (dissenting opinion). This reluctance is puzzling in view of frequent public criticism of disparity in sentencing.
Fortunately trial courts are in fact following the standards in increasing numbers, and I believe the record shows the trial court did so here. Probation was considered and rejected because confinement appeared to be necessary in view of defendant’s prior record and in order not to depreciate the seriousness of the offense unduly. These reasons are appropriate, supported by the record, and sufficient.