Iowa Supreme Court determines second-offense enhancements made criminal sentence illegal for a defendant without a prior conviction under the relevant statute - Nyemaster Goode On Brief

Iowa Supreme Court determines second-offense enhancements made criminal sentence illegal for a defendant without a prior conviction under the relevant statute - Nyemaster Goode On Brief

In State v. Gale, the Iowa Supreme Court reviewed a woman’s second-offense sentences for marijuana and controlled-substance possession when it was actually the first time she had been convicted of these offenses. In this opinion written by Justice McDermott, a unanimous Iowa Supreme Court remanded the matter so the defendant could be resentenced. The Court also affirmed the holding of the Iowa Court of Appeals and Scott County District Court in …