State v. Wrage

HARRIS, Justice.

Must the same judge who imposed sentence be the one who reconsiders it under § 903.2, The Code, 1979? We think not and accordingly affirm the trial court.

Companion sections for so-called “shock probation” were enacted as a part of the 1977 criminal code revision. This suit involves § 903.2 (reconsideration of misde-meanant’s sentence). The section provides:

For a period of thirty days from the date when a person convicted of a misdemeanor begins to serve a sentence of confinement, the court may order the person to be returned to the court, at which time the court may review its…