State v. Austin

SCHULTZ, Justice.

The question in this case is whether the defendant, having pled guilty to a charge of third-degree theft in violation of Iowa Code section 714.2(3) (1991), should have been sentenced under this subsection when prior to sentencing an amendment to section 714.2 reclassified the degrees of theft. We find that, the defendant should have been sentenced pursuant to the newly amended statute, and reverse and .remand for resentencing.

The defendant, Antoinette Austin, was charged with theft for taking $167.88 worth of children’s clothes from the Wal-Mart store in Marshalltown on May…