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State v. Henderson

Court of Appeals of Iowa

July 3, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
K'VON HENDERSON, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.

         A defendant convicted of second-degree robbery asks for the benefit of an ameliorative sentencing provision.

          Priscilla E. Forsyth, Sioux City, for appellant.

          Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., and Tabor and Bower, JJ.

          TABOR, JUDGE.

         K'von Henderson asks to be resentenced. At issue is the date of his conviction for robbery in the second degree. Here is the chronology:

• 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 twenty-five years.
• 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.

         We 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 ameliorative provision.

         I. Prior Proceedings

         At 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 ...


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