901.10 Reduction of sentences.
1. A court sentencing a person for the person’s first conviction under section 124.406, 124.413, or 902.7 may, at its discretion, 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.
2. Notwithstanding subsection 1, if the sentence under section 124.413 involves an amphetamine or methamphetamine offense under section 124.401, subsection 1, paragraph “a” or “b”, the court shall not grant any reduction of sentence unless the defendant pleads guilty. If the defendant pleads guilty, the court may, at its discretion, reduce the mandatory minimum sentence by up to one-third. If the defendant additionally cooperates in the prosecution of other persons involved in the sale or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s mandatory minimum sentence, up to one-half of the remaining mandatory minimum sentence.
3. A court sentencing a person for the person’s first conviction under section 124.401D may, at its discretion, sentence the person to a term less than the maximum term provided under section 902.9, subsection 1, paragraph “a”, if mitigating circumstances exist and those circumstances are stated specifically in the record. However, the court shall not grant any reduction of sentence unless the defendant pleads guilty. If the defendant pleads guilty, the court may, at its discretion, reduce the maximum sentence by up to one-third. If the defendant cooperates in the prosecution of other persons involved in the sale or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s maximum sentence.
4. 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; 98 Acts, ch 1138, §28; 99 Acts, ch 12, §14; 2000 Acts, ch 1144, §5; 2013 Acts, ch 30, §259
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES
Section 901.2 - Presentence investigation.
Section 901.3 - Presentence investigation report.
Section 901.4 - Presentence investigation report confidential — access.
Section 901.4A - Substance abuse evaluation.
Section 901.4B - Presentence determinations and statements.
Section 901.5 - Pronouncing judgment and sentence.
Section 901.5A - Reopening of a sentence.
Section 901.5B - Pronouncement of judgment and sentence — social security number.
Section 901.6 - Judgment entered.
Section 901.7 - Commitment to custody.
Section 901.8 - Consecutive sentences.
Section 901.9 - Information for parole board.
Section 901.10 - Reduction of sentences.
Section 901.11 - Parole or work release eligibility determination — certain offenses.
Section 901.12 - Minimum sentence — parole or work release eligibility — certain drug offenses.