1. A defendant serving a sentence under section 902.12 prior to July 1, 2003, who is sentenced by the court to the custody of the director of the department of corrections, may have the judgment and sentence reopened for resentencing if all of the following apply:
a. The county attorney from the county which prosecuted the defendant files a motion in the sentencing court to reopen the sentence of the defendant. The county attorney shall notify the victim pursuant to section 915.13 of the filing of the motion. The motion shall specify that the county attorney has informed the victim about the filing of the motion, and that the victim has thirty days from the date of the filing of the motion to file a written objection with the court.
b. No written objection is filed or if a written objection is filed, and upon hearing the court grants the motion.
2. Upon the court granting the motion to reopen the sentence, the court shall order that the defendant be eligible for consideration of parole or work release in the same manner as a defendant serving a sentence under section 902.12.
3. For purposes of calculating earned time under section 903A.2, the sentencing date for a defendant whose sentence has been reopened under this section shall be the date of the original sentencing order.
4. The filing of a motion or reopening of a sentence under this section shall not constitute grounds to stay any other court proceedings, or to toll or restart the time for filing of any posttrial motion or any appeal.
2003 Acts, ch 156, §9
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