A court sentencing a person for the person's first conviction under sec- tion 124.406, 124.413, or 902.7 may, at its discre- tion, sentence the person to a term less than provided by the statute if mitigating circumstances exist and those circumstances are stated specifically in the record. How- ever, the state may appeal the discretionary decision on the grounds that the stated mitigating circumstances do not warrant a reduction of the sentence.
85 Acts, ch 41, §1
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