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State of Iowa
v.
Noah Christopher Scott
Appellee
State of Iowa
Appellant
Noah Christopher Scott
Attorney for the Appellee
Anagha Dixit, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge. AFFIRMED. Considered by Tabor, P.J., Greer, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (11 pages)
Noah Scott was convicted of two counts of first-degree robbery and sentenced to two concurrent twenty-five-year terms of imprisonment; he is required to serve 70% of the sentence before becoming eligible for parole or work release. On appeal, Scott argues (1) we should adopt more protective double jeopardy standards and, based on those heightened protections, grant his motion to dismiss; (2) in the alternative, there is not substantial evidence to support his convictions; and (3) the district court failed to consider all pertinent information before requiring him to serve 70% of the imposed sentenced as a mandatory minimum. OPINION HOLDS: We are not at liberty to adopt a new standard for reviewing double jeopardy claims under the Iowa Constitution, substantial evidence supports the determination Scott was one of the armed robbers, and the district court neither erred nor abused its discretion in ordering Scott to serve 70% of the mandatory minimum before becoming eligible for parole or work release. For these reasons, we affirm.
