STATE v. DAVIS

No. 91-1716.

493 N.W.2d 820 (1992)

STATE of Iowa, Appellant, v. Marilyn S. DAVIS, Appellee. STATE of Iowa, Appellant, v. James R. SAGERT, Appellee.

Supreme Court of Iowa.

December 23, 1992.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., Thomas J. Ferguson, County Atty., and Kasey Wadding, Asst. County Atty., for appellant.

Linda Del Gallo, Appellate Defender, and Ahmet S. Gonlubol, Asst. Appellate Defender, for appellee Sagert.

No appearance for appellee Davis.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and SNELL, JJ.


LAVORATO, Justice.

We granted the State's application for discretionary review in these two simple misdemeanor cases so we could answer the question whether Iowa's domestic abuse statute requires a mandatory minimum two-day jail term. We hold that it does when the sentencing court does not grant a deferred judgment or sentence. We vacate the sentences of fines only in both cases. We remand both cases for resentencing.

In separate actions in the fall of 1991...

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