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STATE v. AUSTIN

No. 92-1494.

503 N.W.2d 604 (1993)

STATE of Iowa, Appellee, v. Antoinette Sarita AUSTIN, Appellant.

Supreme Court of Iowa.

July 21, 1993.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Asst. State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Martha E. Boesen, Asst. Atty. Gen., Diann Wilder-Tomlinson, County Atty., and Paul Crawford, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and SCHULTZ, LAVORATO, NEUMAN, and ANDREASEN, JJ.

SCHULTZ, Justice.

The question in this case is whether the defendant, having pled guilty to a charge of third-degree theft in violation of Iowa Code section 714.2(3) (1991), should have been sentenced under this subsection when prior to sentencing an amendment to section 714.2 reclassified the degrees of theft. We find that the defendant should have been sentenced pursuant to the newly amended statute, and reverse and remand...

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