902.4 Reconsideration of felon’s sentence.
For a period of one year from the date when a person convicted of a felony, other than a class “A” or class “B” felony, begins to serve a sentence of confinement, the court, on its own motion or on the recommendation of the director of the Iowa department of corrections, may order the person to be returned to the court, at which time the court may review its previous action and reaffirm it or substitute for it any sentence permitted by law. Copies of the order to return the person to the court shall be provided to the attorney for the state, the defendant’s attorney, and the defendant. Upon a request of the attorney for the state, the defendant’s attorney, or the defendant if the defendant has no attorney, the court may, but is not required to, conduct a hearing on the issue of reconsideration of sentence. The court shall not disclose its decision to reconsider or not to reconsider the sentence of confinement until the date reconsideration is ordered or the date the one-year period expires, whichever occurs first. The district court retains jurisdiction for the limited purposes of conducting such review and entering an appropriate order notwithstanding the timely filing of a notice of appeal. The court’s final order in the proceeding shall be delivered to the defendant personally or by regular mail. The court’s decision to take the action or not to take the action is not subject to appeal. However, for the purposes of appeal, a judgment of conviction of a felony is a final judgment when pronounced.
[C79, 81, §902.4]
83 Acts, ch 96, §129, 159; 84 Acts, ch 1139, §1; 84 Acts, ch 1149, §1; 97 Acts, ch 189, §1; 2001 Acts, ch 165, §5; 2003 Acts, ch 151, §59; 2017 Acts, ch 122, §16
Referred to in §901.5, 902.6
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Section 902.1 - Class “A” felony.
Section 902.2 - Commutation procedure for class “A” felons.
Section 902.3 - Indeterminate sentence.
Section 902.3A - Determinate sentencing and additional term of years for class “D” felons.
Section 902.4 - Reconsideration of felon’s sentence.
Section 902.5 - Place of confinement.
Section 902.7 - Minimum sentence — use of a dangerous weapon.
Section 902.8 - Minimum sentence — habitual offender.
Section 902.9 - Maximum sentence for felons.
Section 902.10 - Application for involuntary hospitalization.
Section 902.11 - Minimum sentence — eligibility of prior forcible felon for parole or work release.
Section 902.12 - Minimum sentence for certain felonies — eligibility for parole or work release.
Section 902.13 - Minimum sentence for certain domestic abuse assault offenses.
Section 902.14 - Enhanced penalty — sexual abuse or lascivious acts with a child.