Supreme Court of Iowa· 3/26/1997

State v. Lee

Citations

561 N.W.2d 353
1997 Iowa Sup. LEXIS 94
1997 WL 142172

How courts have described this case

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

holding that “[w]here a court fails to exercise the discretion granted to it by law because it erroneously believes it has no discretion, a remand for resentencing is required”
holding a specific sentencing statute controls over the general sentencing provisions of section 903.1
vacating portion of sentence where district court operated on faulty belief it had to impose a fine
vacating a fine imposed when the court “erroneously believe[d] it had no discretion” and remanding for resentencing
remanding for resentencing “limited only to the issue of the fine” (citing State v. Krivolavy, 258 N.W.2d 157, 158 (Iowa 1977)
remanding for resentencing when the district court’s references to a “statutory required mandated fine” suggested an erroneous belief that it lacked discretion to suspend the fine

Source: CourtListener parenthetical corpus (CC0).

Judges: Harris, Carter, Snell, Andreasen, Ternus

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17 cases in this archive cite this case.

Cites

5 cases in this archive are cited by this case.

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