901.5A Reopening of a sentence.
1. A defendant sentenced by the court to the custody of the director of the department of corrections for an offense punishable under section 902.9, subsection 1, paragraph “a”, may have the judgment and sentence entered under section 901.5 reopened for resentencing if the following apply:
a. The county attorney from the county which prosecuted the defendant files a motion to reopen the sentence of the defendant based upon the defendant’s cooperation in the prosecution of other persons.
b. The court finds the defendant cooperated in the prosecution of other persons.
2. Upon a finding by the court that the defendant cooperated in the prosecution of other persons, the court may reduce the maximum sentence imposed under the original sentencing order.
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 the 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 post-trial motion or any appeal.
5. The defendant may request appointment of counsel, if eligible under section 815.10, prior to and during any negotiations and proceedings pursuant to this section.
99 Acts, ch 12, §13; 2000 Acts, ch 1173, §3, 10; 2013 Acts, ch 30, §258
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.