No. 02-1577.

666 N.W.2d 608 (2003)

STATE of Iowa, Appellant, v. Matthew Dale RANKIN, Appellee.

Supreme Court of Iowa.

July 16, 2003.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, for appellant.

R. William Petersen and William L. Shelton, Chariton, for appellee.

LAVORATO, Chief Justice.

The State appeals from the district court's ruling on the defendant Matthew Dale Rankin's motion to dismiss. The State contends the district court erred by interpreting Iowa Code section 124.401(5) (2001) and ruling that Rankin should have been charged with a serious rather than an aggravated misdemeanor. We agree and reverse and remand.

I. Background Facts and Proceedings.

On June 28, 2002, Rankin was convicted of possession...

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