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STATE v. IOWA DIST. COURT FOR POLK COUNTY

No. 97-286.

572 N.W.2d 587 (1997)

STATE of Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR POLK COUNTY, Defendant.

Supreme Court of Iowa.

December 24, 1997.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Susan M. Crawford and Sheryl A. Soich, Assistant Attorneys General, John P. Sarcone, County Attorney, and Melodee Hanes, Assistant County Attorney, for plaintiff.

Maggi Moss and Paige Fiedler of Parrish, Kruidenier, Moss, Dunn & Montgomery, Des Moines, for defendant.

Considered by McGIVERIN, C.J., and LARSON, CARTER, NEUMAN, and ANDREASEN, JJ.

LARSON, Justice.

The State brought this certiorari action to challenge an order by the district court under Iowa Code section 902.4 (1997) "reconsidering" a suspended sentence and substituting an order for a deferred judgment. Because we conclude that a criminal defendant who has been granted a suspended sentence does not qualify for reconsideration under section 902.4, we sustain the writ.

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