State v. Link

LARSON, Justice.

Following revocation of his probation, defendant was sentenced to serve 120 days in the county jail. The State contends that the court had no authority to impose this sentence. Because the underlying offense of second-degree burglary (Iowa Code § 713.3 (1981)) is a Class-C felony, a jail term is not one of the sentencing alternatives available to the court, the State argues. The defendant argues that Iowa Code section 908.11, authorizing a court upon revocation of probation to “require the defendant to serve the sentence imposed or any lesser sentence,” in effect expands the…