State v. Backes

Robert Backes appeals his sentence for second-degree robbery contending sections 902.12 and 903A.2 of the Iowa Code, which he was sentenced under, are unconstitutional as violative of the equal protection clauses of the United States and Iowa Constitutions and the Distribution of Powers Clause of the Iowa Constitution. The district court held the constitutional issues were not ripe for decision. We find the issues were ripe for decision, but hold the sections are constitutional. Backes’s sentence is affirmed.

I. Background Facts & Procedure.

Backes committed a robbery with a handgun in Marion…