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STATE v. SULLIVAN

No. 67003.

326 N.W.2d 361 (1982)

STATE of Iowa, Plaintiff, v. B.C. SULLIVAN, Judge of the Second Judicial District of Iowa, Defendant.

Supreme Court of Iowa.

November 24, 1982.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Teresa Baustian, Asst. Atty. Gen., Sarah Coats, Student Legal Intern, and Gene W. Shepard, Butler County Atty., for plaintiff.

Karl A. Nelson of Holley & Nelson, Shell Rock, for defendant.

Considered by REYNOLDSON, C.J., and HARRIS, LARSON, SCHULTZ, and CARTER, JJ.

CARTER, Justice.

The State brings this original certiorari proceeding challenging the legality of the defendant judge's order reinstating probation for Kenneth Eugene Roberts upon reconsideration of his sentence pursuant to Iowa Code section 902.4 (1981). The State contends that because the district court did not act within ninety days after Roberts began to serve his sentence of confinement, it was without power to reconsider the sentence under section 902.4. We...

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