State v. Sullivan

CARTER, Justice.

The State brings this original certio-rari proceeding challenging the legality of the defendant judge’s order reinstating probation for Kenneth Eugene Roberts upon reconsideration of his sentence pursuant to Iowa Code section 902.4 (1981). The State contends that because the district court did not act within ninety days after Roberts began to serve his sentence of confinement, it was without power to reconsider the sentence under section 902.4. We agree with the State and conclude that the writ of certiorari should be sustained.

On September 7, 1978, Kenneth Eugene Roberts was…