State v. McCright, 569 N.W.2d 605 (Iowa 1997). · Go Syfert
State v. McCright, 569 N.W.2d 605 (Iowa 1997). Cases Citing This Book View Copy Cite
105 citation events (80 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Iowa v. Victoria Jo Dawdy (iowactapp, 2024-04-24)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) State of Iowa v. Victoria Jo Dawdy
Iowa Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) State of Iowa v. James Thomas Lockwood, Jr.
Iowa Ct. App. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) Britta Sadler v. William Bauer
Iowa Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party challenging a statute on constitutional grounds must do so at the earliest available time in the progress of the case.
discussed Cited as authority (verbatim quote) State of Iowa v. Amber Marie Grady
Iowa Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
e do not recognize a "plain error" rule which allows appellate review of constitutional challenges not preserved at the district court level in a proper and timely manner.
discussed Cited as authority (verbatim quote) State of Iowa v. Mackinzie Standlee-Campbell
Iowa Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the 3 first time on appeal.
discussed Cited as authority (verbatim quote) State of Iowa v. Erin Macke
Iowa Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
e do not recognize a "plain error" rule which allows appellate review of constitutional challenges not preserved at the district court level in a proper and timely manner.
discussed Cited as authority (verbatim quote) State of Iowa v. Chad L. Erwin
Iowa Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) State of Iowa v. Steven Lenard Viers Jr
Iowa Ct. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) Zuendel Investment, Inc. v. Board of Trustees of the Waterworks and Electric Light and Power Plant of the City of Winterset, Iowa
Iowa Ct. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court . . . cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) C & J Vantage Leasing Co. v. Outlook Farm Golf Club, LLC
Iowa · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court ... cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) Michael B. Geisler Vs. City Council Of The City Of Cedar Falls, Iowa
Iowa · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) Geisler v. CITY COUNCIL OF CEDAR FALLS
Iowa · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) State Of Iowa Vs. Adam Donald Musser
Iowa · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) State Of Iowa Vs. Adam Donald Musser
Iowa · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (verbatim quote) State v. Bradley (2×) also: Cited "see"
Iowa Ct. App. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not raised before the dis 211 trict court, including constitutional issues, cannot be raised for the first time on appeal.
examined Cited as authority (verbatim quote) State v. Robinson (4×) also: Cited "see"
Iowa · 2000 · signal: see · quote attribution · 2 verbatim quotes · confidence high
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
discussed Cited as authority (quoted) City of Council Bluffs v. Harder
Iowa Ct. App. · 2009 · quote attribution · 1 verbatim quote · confidence low
issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.
cited Cited as authority (rule) State of Iowa v. John Calabraze Pecora III
Iowa Ct. App. · 2024 · confidence medium
State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
discussed Cited as authority (rule) Susan Ronnfeldt v. Shelby County Chris A. Myrtue Memorial Hospital d/b/a Myrtue Medical Center and Shelby County Medical Corp.
Iowa · 2023 · confidence medium
To preserve a challenge to the constitutional validity of a statute, litigants must raise the issue “at the earliest available time in the progress of the case.” State v. Mann, 602 N.W.2d 785, 790 (Iowa 1999) (quoting State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)).
discussed Cited as authority (rule) Susan Ronnfeldt v. Shelby County Chris A. Myrtue Memorial Hospital d/b/a Myrtue Medical Center and Shelby County Medical Corp.
Iowa · 2023 · confidence medium
To preserve a challenge to the constitutional validity of a statute, litigants must raise the issue “at the earliest available time in the progress of the case.” State v. Mann, 602 N.W.2d 785, 790 (Iowa 1999) (quoting State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)).
cited Cited as authority (rule) State of Iowa v. Tyjuan Levell Tucker
Iowa · 2022 · confidence medium
State v. Mitchell, 757 N.W.2d 431, 435 (Iowa 2008) (citing State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)).
discussed Cited as authority (rule) Danny Ray Long v. State of Iowa
Iowa Ct. App. · 2022 · confidence medium
In any event, Long’s claim is not properly before us, as it was neither raised before nor addressed by the PCR court.1 See State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997) (noting issues not raised before the district court may not be raised for the first time on appeal).
discussed Cited as authority (rule) State of Iowa v. Jay Lee Lane Neubaum
Iowa Ct. App. · 2022 · confidence medium
See, e.g., State v. Treptow, 960 N.W.2d 98 , 109 (Iowa 2021); State v. Rutledge, 600 N.W.2d 234 , 325 (Iowa 1999); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997); State v. Miles, 344 N.W.2d 231, 233 (Iowa 1984).
discussed Cited as authority (rule) Trina Ward v. Unity Healthcare a/k/a UnityPoint HealthTrinity Muscatine Prasad Nadkarni, M.D. Suneel Parvathareddy, M.D., Ramesh Kumar, M.D., Manasi Nadkarni, M.D.
Iowa Ct. App. · 2021 · confidence medium
“Issues not raised before the district court . . . cannot be raised for the first time on appeal.” Garwick v. Iowa Dep’t of Transp., 611 N.W.2d 286, 289 (Iowa 2000) (quoting State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)).
cited Cited as authority (rule) State of Iowa v. Jordan McKim Crawford
Iowa Ct. App. · 2021 · confidence medium
See, e.g., Treptow, 960 N.W.2d at 109; State v. Rutledge, 600 N.W.2d 234 , 325 (Iowa 1999); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997); State v. Miles, 344 N.W.2d 231, 233 (Iowa 1984).
discussed Cited as authority (rule) State of Iowa v. Shawn Patrick Shelton
Iowa Ct. App. · 2021 · confidence medium
State v. Bynum, 937 N.W.2d 319 , 324 (Iowa 2020) (“Issues not raised before the district court, including constitutional issues, cannot 9 See footnote 3. 13 be raised for the first time on appeal.” (quoting State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997))).
discussed Cited as authority (rule) State of Iowa v. Edward Miller
Iowa Ct. App. · 2021 · confidence medium
App. P. 6.904(3)(p). relied on and references to the pertinent parts of the record . . . [and f]ailure to cite authority in support of an issue may be deemed waiver of that issue”); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997); Metro.
discussed Cited as authority (rule) State of Iowa v. Keith Lynch
Iowa Ct. App. · 2021 · confidence medium
Ct. For Polk Cnty., 630 N.W.2d 801, 808 (Iowa 2001), as amended on denial of reh’g (July 27, 2001) (“The Supreme Court has also recognized that a parent’s right to the care and custody of a child is reciprocated by the child’s liberty interest in familial association, likewise protected by the Due Process Clause.”). 5 The State argues that even though the no-contact order was extended at sentencing, no-contact orders are civil in nature, citing State v. Wiederien, 709 N.W.2d 538, 543 (Iowa 2006) (Cady, J., dissenting), and subject to error preservation rules, see State v. McCright, 5…
discussed Cited as authority (rule) State of Iowa v. David J. Treptow
Iowa · 2021 · confidence medium
The State claims that Iowa courts “have been persistent and resolute in rejecting [plain error], and are not at all inclined to yield on the point.” State v. Rutledge, 600 N.W.2d 324, 325 (Iowa 1999) (citing State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)).
discussed Cited as authority (rule) State of Iowa v. David J. Treptow
Iowa · 2021 · confidence medium
The State claims that Iowa courts “have been persistent and resolute in rejecting [plain error], and are not at all inclined to yield on the point.” State v. Rutledge, 600 N.W.2d 324, 325 (Iowa 1999) (citing State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)).
discussed Cited as authority (rule) State of Iowa v. David J. Treptow
Iowa · 2021 · confidence medium
The State claims that Iowa courts “have been persistent and resolute in rejecting [plain error], and are not at all inclined to yield on the point.” State v. Rutledge, 600 N.W.2d 324, 325 (Iowa 1999) (citing State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)).
discussed Cited as authority (rule) State of Iowa v. Kevin Thoren
Iowa Ct. App. · 2021 · confidence medium
App. P. 6.903(2)(g)(3) (requiring the argument section to include “[a]n argument containing the appellant's contentions and the reasons for them with citations to the authorities relied on and references to the pertinent parts of the record” and stating, “[f]ailure to cite authority in support of an issue may be deemed waiver of that issue”); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997); Metro.
cited Cited as authority (rule) Demarkus Wayne Ruckman v. State of Iowa
Iowa Ct. App. · 2021 · confidence medium
As a general rule, “[i]ssues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.” State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
discussed Cited as authority (rule) State of Iowa v. Khalen Richard Price Williams
Iowa Ct. App. · 2020 · confidence medium
But other than a minimal reference to article 1, section 8 of the Iowa Constitution in the motion to suppress and his attempt at the suppression hearing to distinguish these facts from Wilson, Williams made no argument and the court did not rule on the question of any departure from federal precedent on this constitutional issue.3 As a general rule, “[i]ssues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.” State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
cited Cited as authority (rule) State of Iowa v. Mark Besaw
Iowa Ct. App. · 2020 · confidence medium
“Issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.” State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
discussed Cited as authority (rule) Daniel Lee Jensen v. Karla Ruth Baccam
Iowa Ct. App. · 2020 · confidence medium
App. P. 6.903(2)(g)(3) (requiring the argument section to include “[a]n argument containing the appellant’s contentions and the reasons for them with citations to the authorities relied on and references to the pertinent parts of the record” and stating “[f]ailure to cite authority in support of an issue may be deemed waiver of that issue”); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997); Metro.
cited Cited as authority (rule) State of Iowa v. Kurtis Michael Green
Iowa Ct. App. · 2020 · confidence medium
See, e.g., State v. Martin, 877 N.W.2d 859, 866 (Iowa 2016); State v. Rutledge, 600 N.W.2d 324, 325 (Iowa 1999); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
discussed Cited as authority (rule) State of Iowa v. Earnest B. Bynum
Iowa · 2020 · confidence medium
Ct., 828 N.W.2d 309, 322 (Iowa 2013) (“Even issues implicating constitutional rights must be presented to and ruled upon by the district court in order to preserve error for appeal.”); State v. Biddle, 652 N.W.2d 191, 203 (Iowa 2002) (noting error preservation rule “applies with equal strength to constitutional issues”); Garwick v. Iowa Dep’t of Transp., 611 N.W.2d 286, 288 (Iowa 2000) (en banc) (“Issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.” (quoting State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)…
discussed Cited as authority (rule) Neuman v. State
Iowa Ct. App. · 2019 · confidence medium
App. P. 6.903(2)(g)(3) (requiring the argument section to include “[a]n argument containing the appellant’s contentions and the reasons for them with citations to the authorities relied on and references to the pertinent parts of the record” and stating “[f]ailure 4 to cite authority in support of an issue may be deemed waiver of that issue”); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997); Metro.
cited Cited as authority (rule) State of Iowa v. Randall Lee Brooks
Iowa Ct. App. · 2019 · confidence medium
State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
cited Cited as authority (rule) State of Iowa v. Hubert Todd Jr.
Iowa Ct. App. · 2017 · confidence medium
State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997) (citing State v. Wages, 483 N.W.2d 325, 326 (Iowa 1992)).
discussed Cited as authority (rule) Amended June 21, 2016 State of Iowa v. Mark Gabriel Martin
Iowa · 2016 · confidence medium
Accordingly, we cannot review them on appeal because we have repeatedly declined “to abandon our preservation of error rules in favor of a discretionary plain error rule.” State v. Hutchison, 341 N.W.2d 33, 38 (Iowa 1983); see also State v. Rutledge, 600 N.W.2d 324, 325 (Iowa 1999); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
discussed Cited as authority (rule) State of Iowa v. Mark Gabriel Martin
Iowa · 2016 · confidence medium
Accordingly, we cannot review them on appeal because we have repeatedly declined “to abandon our preservation of error rules in favor of a discretionary plain error rule.” State v. Hutchison, 341 N.W.2d 33, 38 (Iowa 1983); see also State v. Rutledge, 600 N.W.2d 324, 325 (Iowa 1999); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
discussed Cited as authority (rule) In Re the Detention of Calvin Matlock, Calvin Matlock (2×)
Iowa · 2015 · confidence medium
Ct., 828 N.W.2d 309, 322 (Iowa 2013) (“Even issues implicating constitutional rights must be presented to and ruled upon by the district court in order to preserve error for appeal.”); Hernandez-Lopez, 639 N.W.2d at 233 (noting that error preservation rules apply to constitutional issues); Garwick v. Iowa Dep’t of Transp., 611 N.W.2d 286, 288 (Iowa 2000) (“ ‘Issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.’ ” (quoting State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997))).
discussed Cited as authority (rule) Amended May 19, 2015 In RE the Detention of Calvin Matlock, Calvin Matlock
Iowa · 2015 · confidence medium
Ct., 828 N.W.2d 309, 322 (Iowa 2013) (“Even issues implicating constitutional rights must be presented to and ruled upon by the district court in order to preserve error for appeal.”); Hernandez-Lopez, 639 N.W.2d at 233 22 (noting that error preservation rules apply to constitutional issues); Garwick v. Iowa Dep’t of Transp., 611 N.W.2d 286, 288 (Iowa 2000) (“ ‘Issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.’ ” (quoting State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997))).
discussed Cited as authority (rule) In the Interest of A.R., D.R., J.C. and J.C. Minor Children, A.M., Mother (2×)
Iowa Ct. App. · 2015 · confidence medium
State v. Rutledge, 600 N.W.2d 324, 325 (Iowa 1999). “[W]e do not recognize a ‘plain error’ rule which allows appellate review of constitutional challenges not preserved at the district court level in a proper and timely manner.” State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
discussed Cited as authority (rule) State of Iowa v. Justin Robert Derby
Iowa · 2011 · confidence medium
Derby also asserts the district court’s evidentiary ruling denied Derby his constitutional right to testify and his constitutional right to a fair trial. “ ‘Issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal.’ ” State v. Mitchell, 757 N.W.2d 431, 435 (Iowa 2008) (quoting State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997)).
discussed Cited as authority (rule) State Of Iowa Vs. James Maximiliano Ochoa (2×)
Iowa · 2010 · confidence medium
State v. Evans, 671 N.W.2d 720, 724 (Iowa 2003); Donnelly v. Brown, Winick, Graves, Gross, Baskerville, Schoenebaum, & Walker, P.L.C., 599 N.W.2d 677, 682 (Iowa 1999); State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
cited Cited as authority (rule) Goosman v. State
Iowa · 2009 · confidence medium
State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).
discussed Cited as authority (rule) Joel Goosman Vs. State Of Iowa
Iowa · 2009 · confidence medium
State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997). 1Because we have concluded that Goosman’s federal due process claim is without merit, we do not decide whether his claim for postconviction relief was time- barred by operation of Iowa Code section 822.3. 12 IV.
STATE of Iowa, Appellee,
v.
Kimberly Sue McCRIGHT, Appellant
96-1694.
Supreme Court of Iowa.
Oct 22, 1997.
569 N.W.2d 605
Linda Del Gallo, State Appellate Defender, and Shellie L. Knipfer, Assistant State Appellate Defender, for appellant., Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, Denver D. Dillard, County Attorney, and Theresa Seeberger, Assistant County Attorney, for appellee.
Larson, Carter, Lavorato, Neuman, Snell.
Cited by 83 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #39,671 of 633,719
Citer courts: Court of Appeals of Iowa (2)
LAVORATO, Justice.

Kimberly Sue MeCright pleaded guilty to possession of a controlled substance in violation of Iowa Code section 124.401(3) (1995). Pursuant to 1996 Iowa Acts chapter 1218, section 68, the district court revoked McCright’s license to drive for 180 days. MeCright appeals her sentence claiming section 68, later codified at Iowa Code section 901.5(10) (1997), violated the single subject requirement of article III, section 29 of the Iowa Constitution. We agree with the State that MeCright failed to preserve error on this issue. We therefore affirm.

I. Background Facts and Proceedings.

In a trial information, the State charged MeCright on July 1,1996, with violating Iowa Code section 124.401(3) for possession of a controlled substance. On August 29, in a written document, MeCright withdrew her former plea of not guilty, entered a plea of guilty, waived her rights, waived presence at the plea and sentence, asked for immediate sentence, and waived her right to file a motion in arrest of judgment. See Iowa Rs. Crim. P. 8, 9. The same day, the district court accepted the written plea, found MeCright guilty of the offense charged, and sentenced her. MeCright was not present at this proceeding, but her lawyer was.

The court fined MeCright $250, plus a 30% surcharge and court costs. The court also revoked McCright’s license to drive for 180 days.

On September 23 MeCright “specifically appealed] that portion of the sentencing order which revokes her driving privileges for 180 days.” MeCright contends the district court erred in revoking her driver’s license because the House File pursuant to which her license was revoked violates the single subject requirement of article III, section 29 of the Iowa Constitution. The State responds MeCright failed to preserve error on this issue because she did not raise it in the district court.

II. Error Preservation.

A. 1996 Iowa Acts chapter 1218. The statute under which McCright’s license to drive was revoked began life as House File 2421. It was enacted as part of chapter 1218 Appropriations — Transportation, Infrastructure, and Capital Projects. 1996 Iowa Acts ch. 1218. The title reads:

AN ACT relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax[*607] fund, and primary road fund, making appropriations for capital projects from the rebuild Iowa infrastructure fund, 'providing for certain procedures for revocation or suspension of drivers licenses for certain drug-related offenses, construction projects for the commission of veterans affairs, county fairs, recreational trails, and nonreversion of certain appropriations, and providing an effective date.

Id. (emphasis added).

The Act contained seventy-two sections, divided into six divisions. Divisions I through IV authorized appropriations for among other things (1) railroads, (2) building construction at Iowa State University, (3) construction of a rural heritage center, (4) erection or restoration of veterans’ memorials, (5) purchase of computer software, (6) maintenance of National Guard Facilities, (7) acquiring and improving recreational trails, (8) renovating buildings and stands at the fairgrounds, (9) granting money to the county fairs, (10) developing a capítol view preservation plan, (11) soydiesel projects, and (12) developing a physical infrastructure financial assistance program.

Division V — the one at issue here — was a criminal sentencing provision authorizing suspension or revocation of a person’s driver’s license upon conviction for certain controlled substance or drug-related offenses such as the one involved in this case.

The last division, Division VI, provided for an effective date of the act.

B. Codification as cure for constitutional defect. Following the lead of a number of jurisdictions, we held that codification of new legislation cures any alleged constitutional defect in title or subject matter. State v. Mabry, 460 N.W.2d 472, 475 (Iowa 1990). In so holding we left open a window of time for challenging legislation on the grounds of title or subject defects:

Iowa Code section 14.15 governs codification of new legislation in this state. This section provides in part:
A new Code or its supplements shall be issued as soon as possible after the final adjournment of the second regular session of the general assembly.
Section 14.15 provides a window of time measured from the date legislation is passed until such legislation is codified. During this window of time, the legislation may be challenged as violative of article III, section 29 of the Iowa Constitution. Absent a successful challenge during this period of time, the new legislation, if it is otherwise constitutional, becomes a valid law. This is so even though the way the new legislation was passed may have violated article III, section 29 of the Iowa Constitution. And an article III, section 29 challenge is barred even though future litigants may claim they were in no position to make such a challenge before the codification.

Id. A successful challenge before codification invalidates the defective portion of the legislation not only for the benefit of the challenger but also for the benefit of others adversely affected. Tabor v. State, 519 N.W.2d 378, 380 (Iowa 1994).

Chapter 1218 was signed into law on May 30, 1996. That part of the chapter dealing with the challenged sentencing provision was codified at Iowa Code section 901.5(10) in January 1997. MeCright’s notice of appeal challenging the revocation of her driver’s license was filed on September 23, 1996, arguably within the window of time for an article III, section 29 challenge. That leaves for our consideration the lack-of-error-preservation argument the State raises.

C. The merits on error preservation. Issues not raised before the district court, including constitutional issues, cannot be raised for the first time on appeal. State v. Wages, 483 N.W.2d 325, 326 (Iowa 1992). A party challenging a statute on constitutional grounds must do so at the earliest available time in the progress of the case. State v. Allen, 304 N.W.2d 203, 206 (Iowa 1981). A failure to make the challenge in a timely manner leaves nothing for the appellate courts to review. In short, we do not recognize a “plain error” rule which allows appellate review of constitutional challenges not preserved at the district court level in a proper and timely manner. State v. Hutchison, 341 N.W.2d 33, 38-40 (Iowa 1983).

[*608] Our error preservation rule serves the salutary purpose of giving notice to the court and opposing counsel. State v. Johnson, 476 N.W.2d 330, 334 (Iowa 1991). Requiring objections at the earliest possible time gives the district court the opportunity “to take any necessary corrective action at a time when correction is still possible.” Id.

McCright attempts to avoid the consequences of her failure to raise in the district court an article III, section 29 challenge to the statute by characterizing the sentence as an “illegal” one. It is true that the error preservation rule is not applicable to illegal sentences. Overton v. State, 493 N.W.2d 857, 859 (Iowa 1992): An illegal sentence is one not authorized by statute and is therefore void. Id.

McCright mischaracterizes the revocation of her driver’s license as an illegal sentence because Iowa Code section 901.5(10) not only authorizes the revocation but makes the revocation mandatory. See Iowa Code § 901.5(10) (“[T]he court shall order the state department of transportation to revoke the defendant’s driver’s license ... for ... one hundred eighty days_”). The provision remains effective unless and until someone successfully challenges it within the narrow window of time allowed by Mabry. See Mabry, 460 N.W.2d at 475; accord Tabor, 519 N.W.2d at 380. If no such successful challenge is made, the revocation provision is no longer subject to attack based on an article III, section 29 challenge. Mabry, 460 N.W.2d at 475. Therefore the revocation provision is not void even though it may have been subject to such a constitutional challenge. See Black’s Law Dictionary 1574 (6th ed. 1990) (A void judgment means “[o]ne which has no legal force or effect, [the] invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally.”). Because the revocation portion of McCright’s sentence was not an illegal sentence, any challenge to the sentence was subject to our error preservation rule.

McCright also argues that the error preservation rule should not apply because there was no way to raise the issue before sentencing as she did not know the court would revoke her driver’s license. We are not persuaded.

As we mentioned, the statute is clear that the revocation is mandatory. Compare Iowa Code § 901.5(10) (“[T]he court shall order the state department of transportation to revoke the defendant’s driver’s license ... for ... one hundred eighty days .... ”), with id. § 4.30(a) (“The word ‘shall’ imposes a duty.”). McCright therefore knew or should have known her license would be suspended. •The article III, section 29 challenge here poses a purely legal question which is appropriate for resolution in a motion to adjudicate law points. See Iowa R. Civ. P. 105 (providing for motion to adjudicate law points); Iowa R.Crim. P. 10(2) (“Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion.”); State v. Iowa Dist. Ct., 271 N.W.2d 704, 706 (Iowa 1978) (holding Iowa Rule of Criminal Procedure 10(2) provides criminal procedure for adjudication of law points before trial similar to Iowa Rule of Civil Procedure 105); accord State v. Marti, 290 N.W.2d 570, 580 (Iowa 1980) (holding Iowa Rule of Civil Procedure 105’s limitations on the authority of trial courts for making pretrial rulings on law points applies to Iowa Rule of Criminal Procedure 10(2) motions in criminal eases). In these circumstances, the earliest available time to challenge the statute was before sentencing in a pretrial motion under rule 10(2).

Because McCright did not raise the constitutional challenge in the district court, she has preserved no error and we have nothing to review.

AFFIRMED.