State v. Broten

UHLENHOPP, Justice.

This appeal involves the propriety of the district court’s reconsideration and suspension of sentence after the defendant was sentenced to a period not exceeding ten years for third-degree sexual abuse.

Defendant Stanley Broten was charged with having sexual intercourse with his fifteen-year-old daughter. He pleaded guilty to the charge and the district court sentenced him to a period not to exceed ten years. This crime is a forcible felony under section 702.11, The Code 1979. Hence upon sentencing a deferred or suspended sentence is precluded by section 907.3 of the Code.

The…