902.9  Maximum sentence for felons.

The maximum sentence for any person convicted of a felony shall be that prescribed by statute or, if not prescribed by statute, if other than a class "A" felony shall be determined as follows:

1.  A felon sentenced for a first conviction for a violation of section 124.401D, shall be confined for no more than ninety-nine years.

2.  A class "B" felon shall be confined for no more than twenty-five years.

3.  An habitual offender shall be confined for no more than fifteen years.

4.  A class "C" felon, not an habitual offender, shall be confined for no more than ten years, and in addition shall be sentenced to a fine of at least one thousand dollars but not more than ten thousand dollars.

5.  A class "D" felon, not an habitual offender, shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars. A class "D" felon, such felony being for a violation of section 321J.2, may be sentenced to imprisonment for up to one year in the county jail.

The criminal penalty surcharge required by section 911.2 shall be added to a fine imposed on a class "C" or class "D" felon, as provided by that section, and is not a part of or subject to the maximums set in this section.

Section History: Early form

  [C79, 81, § 902.9]

Section History: Recent form

  84 Acts, ch 1134, § 1; 84 Acts, ch 1219, § 38; 86 Acts, ch 1220, § 44; 92 Acts, ch 1163, § 121; 93 Acts, ch 110, §9; 99 Acts, ch 12, §17; 99 Acts, ch 65, §6, 7

Internal References

  Referred to in § 48A.11, 124.401, 124.401D, 142C.10, 232.8, 707.3, 708.2A, 716.10, 724.4A, 726.6A, 728.12, 811.1, 901.2, 901.5A, 901.10, 902.3, 906.5

Footnotes

  Enhanced penalties in weapons free zones, see §724.4A

  Habitual offender, § 902.8

  Surcharge on penalty, chapter 911


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