STATE v. WIESE

Nos. 55456, 55455.

201 N.W.2d 734 (1972)

STATE of Iowa, Appellee, v. Roger WIESE, Appellant. STATE of Iowa, Appellee, v. Donald HATCH, Appellant.

Supreme Court of Iowa.

October 18, 1972.


Attorney(s) appearing for the Case

Dan Johnston, of Jesse, LeTourneau & Johnston, Des Moines, for appellants.

Richard C. Turner, Atty. Gen., Richard N. Winders, Asst. Atty. Gen., and Ronald M. Kayser, County Atty., Marshalltown, for appellee.

Heard before MOORE, C. J., and UHLENHOPP, REYNOLDSON, HARRIS, and McCORMICK, JJ.


McCORMICK, Justice.

These consolidated appeals arise from a resentencing proceeding. Defendants claim they were sentenced under the wrong statute. We agree and reverse and remand for new sentencing.

Defendants were tried and convicted separately for selling marijuana in violation of § 204.2, The Code, 1966. In March 1970 they were each fined $2000 and ordered imprisoned in the state penitentiary "not less than two or more than five years" under §...

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