State v. Wiese

McCORMICK, Justice.

These consolidated appeals arise from a resentencing proceeding. Defendants claim they were sentenced under the wrong statute. We agree and reverse and remand for new sentencing.

Defendants were tried and convicted separately for selling marijuana in violation of § 204.2, The Code, 1966. In March 1970 they were each fined $2000 and ordered imprisoned in the state penitentiary “not less than two or more than five years” under § 204.20, The Code, 1966. They took direct appeal but raised no question about their sentences. The cases were affirmed in State v. Wiese, 182 N.W.2d…