State v. Bessenecker

SCHULTZ, Justice.

This appeal presents the question whether a prosecuting county attorney may use the criminal history data (rap sheets) of prospective jurors during the jury selection process. The district court held that this use of rap sheets was permissible under Iowa Code sections 692.2(1), (3) and 331.756 (1985). We reverse and remand.

The facts are essentially uncontroverted. Defendant Clair Bessenecker was charged with second-degree theft in violation of Iowa Code sections 714.1(1) and 714.2(2). Prior to trial, defendant challenged the county attorney’s proposed use of rap sheets of all…