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STATE v. IOWA DIST. COURT

No. 11-0488.

812 N.W.2d 1 (2012)

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

Supreme Court of Iowa.

March 9, 2012.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Kyle P. Hanson , Assistant Attorney General, Thomas J. Ferguson , County Attorney, and Brad P. Walz , Assistant County Attorney, for plaintiff.

Mark C. Smith , State Appellate Defender, and Shellie L. Knipfer , Assistant Appellate Defender, Andrew Craig , Student Legal Intern, for Marcus Coleman, defendant below.

HECHT, Justice.

In this petition for writ of certiorari we are asked to interpret Iowa Code sections 124.410 and 124.401(5) (2009) to determine whether a defendant convicted of possession of marijuana as an accommodation offense who has previously been convicted of simple possession of marijuana should be sentenced for a serious misdemeanor or an aggravated misdemeanor. We conclude the district court correctly sentenced the...

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