State v. Rankin

LAVORATO, Chief Justice.

The State appeals from the district court’s ruling on the defendant Matthew Dale Rankin’s motion to dismiss. The State contends the district court erred by interpreting Iowa Code section 124.401(5) (2001) and ruling that Rankin should have been charged with a serious rather than an aggravated misdemeanor. We agree and reverse and remand.

I.Background Facts and Proceedings.

On June 28, 2002, Rankin was convicted of possession with intent to deliver marijuana in violation of Iowa Code section 124.401(l)(d) and 124.410 (2001). His conviction was determined to be an…