State v. Iowa District Court for Black Hawk County

TERNUS, Justice.

The question to be answered in this case is whether Iowa Code section 232.8(l)(c) (1999) precludes imposition of the mandatory minimum sentence required by Iowa Code sections 902.12 and 903A.2(1)(6), commonly known as th'e 85% rule. We hold, contrary to the district court’s ruling, that it does not. Therefore, we sustain the writ of certiorari, vacate the defendant’s sentence, and remand for resentencing.

I. Background Facts and Proceedings.

The defendant in the underlying criminal matter, Dezmond Thurmond, a minor, was charged with second-degree robbery, a class “C” felony. See…