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STATE v. BLAKLEY

No. 94-1176.

534 N.W.2d 645 (1995)

STATE of Iowa, Appellant, v. Judith Ann BLAKLEY, Appellee.

Supreme Court of Iowa.

As Amended on Denial of Rehearing August 4, 1995.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Mary Tabor, Asst. Atty. Gen., J. Patrick White, County Atty., and Richard Westphal, Asst. County Atty., for appellant.

Mark C. Meyer of Kinnamon, Kinnamon, Russo & Meyer, Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and NEUMAN, JJ.

LAVORATO, Justice.

In this discretionary review, we must decide whether the State's motion to amend sentence to include restitution was untimely under Iowa Code section 910.3 (1993). The district court thought so and refused to allow the State's requested amendment because it was filed some nine months after sentencing.

We conclude the district court erred in interpreting section 910.3. We reverse the district court's order denying the State's sentencing amendment...

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