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STATE v. LINK

No. 69573.

341 N.W.2d 738 (1983)

STATE of Iowa, Appellant, v. Victor LINK, Appellee.

Supreme Court of Iowa.

December 21, 1983.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Marcia Mason, Asst. Atty. Gen., for appellant.

Linda Del Gallo, Asst. Appellate Defender, for appellee.

Considered by McGIVERIN, P.J., and LARSON, SCHULTZ, CARTER, and WOLLE, JJ.

LARSON, Justice.

Following revocation of his probation, defendant was sentenced to serve 120 days in the county jail. The State contends that the court had no authority to impose this sentence. Because the underlying offense of second-degree burglary (Iowa Code § 713.3 (1981)) is a Class-C felony, a jail term is not one of the sentencing alternatives available to the court, the State argues. The defendant argues that Iowa Code section 908.11, authorizing a court...

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