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Case No. 18-1869

Stephen Andrea Marks
State of Iowa


Stephen Andrea Marks


State of Iowa

Attorney for the Appellant

Thomas Hurd

Attorney for the Appellee

Kevin Cmelik, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 06, 2019

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (4 pages)

            Stephen Marks was convicted of second-degree robbery and sentenced under Iowa Code section 902.12(5) (2013), which required a seventy percent mandatory minimum.  In 2016, the statute was amended to allow a range of fifty to seventy percent mandatory minimum for second-degree robbery sentences.  See Iowa Code § 902.12(3) (2016).  Marks filed a postconviction-relief application arguing the amended statute should apply retroactively.  OPINION HOLDS: By its plain words, the 2016 amendment only applies prospectively.  Moreover, we are not persuaded by Marks’s due process, equal protection, and cruel-and-unusual-punishment claims.  Therefore, we affirm the denial of Marks’s postconviction-relief application.

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