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STATE v. BACKES

No. 98-0958.

601 N.W.2d 374 (1999)

STATE of Iowa, Appellee, v. Robert Lawrence BACKES, Appellant.

Court of Appeals of Iowa.

May 26, 1999.

Attorney(s) appearing for the Case

Frank J. Nidey of Maher & Nidey Law Firm, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Denver D. Dillard, County Attorney, and Russell Keast, Assistant County Attorney, for appellee.

Heard by HUITINK, P.J., and STREIT and MAHAN, JJ.

STREIT, J.

Robert Backes appeals his sentence for second-degree robbery contending sections 902.12 and 903A.2 of the Iowa Code, which he was sentenced under, are unconstitutional as violative of the equal protection clauses of the United States and Iowa Constitutions and the Distribution of Powers Clause of the Iowa Constitution. The district court held the constitutional issues were not ripe for decision. We find the issues were ripe for decision, but hold the sections...

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