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Case No. 19-0492

State of Iowa
Monica Fagan


State of Iowa


Monica Fagan

Attorney for the Appellee

Sharon K. Hall, Assistant Attorney General

Attorney for the Appellant

Maria Ruhtenberg, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 18, 2020

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J. (6 pages)


            Monica Fagan asks to be resentenced based on new legislation.  The Iowa legislature crafted an ameliorative mandatory minimum sentencing provision for persons serving a sentence for robbery in the first degree for a conviction that occurs on or after, July 1, 2018.  Fagan’s conviction occurred after that date.  OPINION HOLDS: Based on the plain language of the enactment, we agree the district court should have another opportunity to consider Fagan’s mandatory minimum sentence.  We vacate that portion of the sentencing order and remand for the court to determine when Fagan will be eligible for parole or work release consistent with the new sentencing provisions. 

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