Supreme Court of Iowa· 9/23/2005

State v. Freeman

Citations

705 N.W.2d 286
2005 Iowa Sup. LEXIS 125
2005 WL 2319168

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that we have long applied recidivist principles to enhanced criminal penalty statutes “unless the legislature expressly provided otherwise”
requiring each offense to be complete as to a conviction and sentencing before commission of the next offense in order to qualify for the enhancement
rejecting a sentencing enhancement under section 124.401(5) for a defendant’s third drug offense because his second offense in September 1991 was committed before his first conviction in April 1992
“[T]he district court should not have 27 considered Freeman as a third offender, because he did not commit his second offense after his first conviction.”
“[T]he district court should not have considered Freeman as a third offender, because he did not commit his second offense after his first conviction.”
“[T]he general rule [for recidivism statutes is] that each offense must be complete as to a conviction and sentencing before commission of the next in order to qualify for the enhancement of penalty.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wiggins, Carter, Larson

Read full opinion on CourtListener

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.