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STATE v. IOWA DIST. COURT FOR BLACK HAWK COUNTY

No. 99-1441.

616 N.W.2d 575 (2000)

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

Supreme Court of Iowa.

September 7, 2000.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Joel Dalrymple, Assistant County Attorney, for plaintiff.

Lee M. Walker and John E. Billingsley of Walker, Knopf & Billingsley, Newton, for defendant.

Considered en banc.

TERNUS, Justice.

The question to be answered in this case is whether Iowa Code section 232.8(1)(c) (1999) precludes imposition of the mandatory minimum sentence required by Iowa Code sections 902.12 and 903A.2(1)(b), commonly known as the 85% rule. We hold, contrary to the district court's ruling, that it does not. Therefore, we sustain the writ of certiorari, vacate the defendant's sentence, and remand for resentencing.

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