from the Iowa District Court for Black Hawk County, George L.
defendant convicted of second-degree robbery asks for the
benefit of an ameliorative sentencing provision.
Priscilla E. Forsyth, Sioux City, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
Henderson asks to be resentenced. At issue is the date of his
conviction for robbery in the second degree. Here is the
• In February 2016, a jury found Henderson guilty of
robbery in the first degree and, in March 2016, the district
court sentenced him to a prison term not to exceed
• Effective July 1, 2016, the legislature amended the
sentencing statutes for robbery in the second degree. 2016
Iowa Acts ch. 1104, § 8 (codified as amended at Iowa
Code § 902.12(3) (Supp. 2016)).
• In March 2018, the Iowa Supreme Court set aside
Henderson's first-degree robbery conviction after finding
insufficient evidence of the dangerous-weapon element, and
remanded for "entry of conviction and sentence on
second-degree robbery." State v. Henderson, 908
N.W.2d 868, 878-79 (Iowa 2018).
• In August 2018, the district court resentenced
Henderson to a prison term not to exceed ten years with a
mandatory minimum of seven years. The court refused to apply
revised section 902.12, which permits a shorter mandatory
minimum for second-degree robbery convictions occurring on or
after July 1, 2016.
reverse the resentencing order. Because Henderson's
second-degree robbery conviction did not occur until 2018, he
is entitled to have the sentencing court consider the
resentencing hearing, defense counsel urged the district
court to consider Henderson "eligible for leniency as
spelled out in section 902.12(3) that allows the court to
impose a mandatory between one-half and seven-tenths of the
maximum term." Counsel asserted Henderson was a good
candidate for a shorter minimum because he had only one
"write-up" while in prison and was ...