A sentencing grid for various Iowa crimes can be found at
State Public Defender website. This grid lists the various sentencing options for Iowa crimes by statute section, listing category of crime, jail/prison time, fines, Driver's License revocations, surcharges, DNA Sampling, Sex registration, enhancements, and classes. In addition, restitution will often be ordered.
A judge has the
discretion for a sentence that is between the statutory minimum and maximum (inclusive). The Constitution requires that
any fact that increases the penalty for a crime beyond the prescribed statutory maximum,
other than the fact of a prior conviction, must be submitted to a jury and proved beyond a reasonable doubt (unless of course, the defendant pleads guilty).
Apprendi v. New Jersey, 530 U.S. 466 (2000).
Blakely v. Washington, 542 U.S. 296 (2004). These cases dealt with "persistent felony offender" statutes. NY state statutes for "persistent" felony offenders were ruled unconstitutional by the U.S. Court of Appeals for the Second Circuit in
People v. Rivera, 5 N.Y.3d 61 (2005).
Iowa also has
habitual offender statutes. Iowa Code section 902.8 states " An habitual offender is any person convicted of a class "C" or a class "D" felony, who has twice before been convicted of any felony in a court of this or any other state, or of the United States. An offense is a felony if, by the law under which the person is convicted, it is so classified at the time of the person's conviction. A person sentenced as an habitual offender shall not be eligible for parole until the person has served the minimum sentence of confinement of three years."
The Iowa Supreme Court has ruled that the habitual offender statutes do not charge a separate offense, but simply are a sentencing enhancement
. State v. Woody, 613 N.W.2d 215, 217 (Iowa 2000);
accord State v. Brady, 442 N.W.2d. 57, 58 (Iowa 1989). While the Iowa statute applies to prior convictions, other jurisdictions have ruled that this issue must still go to a jury. At this time, Iowa's habitual offender statute has been upheld, but may be subject to a future challenge which could be successful.
Illegal sentences are sentences that are not permitted by statute.
Illegal sentences are void and not subject to the usual concepts of waiver, whether from a failure to seek review or other omissions of error preservation. Because a sentence is void, it
can be corrected at any time.
Woody 613 N.W.2d at 217 (2000).
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