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STATE v. CORTEZ

No. 99-570.

617 N.W.2d 1 (2000)

STATE of Iowa, Appellant, v. Jason CORTEZ, Appellee.

Supreme Court of Iowa.

September 7, 2000.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Richard R. Phillips, County Attorney, and Kerri Snyder and Alan Ostergren, Assistant County Attorneys, for appellant.

Linda Del Gallo, State Appellate Defender, and Tricia A. Johnston, Assistant State Appellate Defender, for appellee.

Considered en banc.

SNELL, Justice.

The State filed an application for discretionary review of a district court's construction of a sentencing statute. Review was granted, and we now hold the district court's interpretation of the statute was in error. The judgment is vacated, and the matter is remanded for further proceedings.

I. Background Facts and Proceedings

On October 2, 1998, defendant, Jason Cortez, was charged with...

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