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STATE v. WADE

No. 07-0703.

757 N.W.2d 618 (2008)

STATE of Iowa, Appellant, v. Kelly Lee WADE, Appellee.

Supreme Court of Iowa.

November 14, 2008.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant Attorney General, and Janet M. Lyness, County Attorney, for appellant.

Paul D. Miller of Miller Law Office, Iowa City, for appellee.

BAKER, Justice.

The State appeals the district court's ruling, in which the court refused to impose the special sentence provisions of Iowa Code section 903B.2 (Supp.2005) on Kelly Lee Wade, who had been convicted of indecent exposure under chapter 709. The district court found the statute was "illegal and unconstitutional." In this case, the court is asked to decide whether the special sentencing provisions of Iowa Code section 903B.2 violate the United States Constitution...

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