State v. Moore
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The Supreme Court vacated Defendant's sentence and remanded this case for resentencing, holding that where the sentencing court indicated that it lacked "wiggle room" regarding whether to reduce Defendant's sentence, the court failed to exercise its discretion under Iowa Code 901.10(1), which expressly provided the court with discretion to reduce Defendant's sentence.
Defendant was convicted of intimidation with a dangerous weapon (count one) and reckless use of a firearm. The court sentenced Defendant to a term of incarceration of up to ten years with a mandatory minimum of five years on count one. The Supreme Court vacated the sentence, holding that the district court was unaware that it had discretion under section 901.10 to reduce the five-year minimum term, and therefore, the court failed to exercise its discretion.
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