A person serving a sentence for conviction of a felony, who has a criminal record of one or
more prior convictions for a forcible felony or a crime of a similar gravity in this or any other
state, shall be denied parole or work release unless the person has served at least one-half of
\n
Tue Dec 09 21:52:26 2025 Iowa Code 2026, Chapter 902 (35, 0)
§902.11, FELONIES 6\n\nthe maximum term of the defendant’s sentence. However, the mandatory sentence provided
for by this section does not apply if either of the following apply:
1. The sentences for the prior forcible felonies expired at least five years before the date
of conviction for the present felony.
2. The sentence being served is on a conviction for operating a motor vehicle while under
the influence of alcohol or a drug under chapter 321J.
88 Acts, ch 1091, §2; 96 Acts, ch 1151, §1, 2; 2003 Acts, ch 156, §10
\n
Notes of Decisions
Cited in
19
cases (
7 in the last 5 years), 1990–2023 · leading case:
State v. Ross, 729 N.W.2d 806 (Iowa 2007).
State v. Ross, 729 N.W.2d 806 (Iowa 2007).
· cites it 18× “(citing Iowa Code § 902.11 ). Burgs claimed on appeal that section 902.”
State v. Austin, 585 N.W.2d 241 (Iowa 1998).
· cites it 16× “Iowa Code § 902.11 (1995). Under this section, Austin would be denied parole or work release before the expiration of one-half of his sentence because a conviction under section 709.”
State v. Burgs, 479 N.W.2d 323 (Iowa 1992).
· cites it 16× “Burgs now appeals the district court’s order that sentenced him as an habitual offender subject to the parole restriction provisions of Iowa Code section 902.11. Finding no error in the court’s judgment, we affirm.”
State v. Grimes, 569 N.W.2d 378 (Iowa 1997).
· cites it 12× “See Iowa Code § 902.11 (minimum incarceration required if defendant previously convicted of forcible felony or “crime of a similar gravity”).”
Wharton v. Iowa Bd. of Parole, 463 N.W.2d 416 (Iowa 1990).
· cites it 2× “5 to Iowa Code section 902.11 (1989). The move was accomplished by the simultaneous repeal of the former section and reenactment of the new one.”
State of Iowa v. Monica Fagan (Iowa Ct. App. 2020).
· cites it 4× “140, § 6 (codified at Iowa Code § 902.11 (2A)). The new law bestowed discretion on the sentencing court that did not exist at the time of Fagan’s hearing.”
State of Iowa v. Joseph Allen Bloom (Iowa Ct. App. 2022).
· cites it 4× “Bloom argues the district court erred in applying the sentencing enhancement under Iowa Code section 902.11. Section 902.11 is invoked when sentencing a defendant for conviction of a felony if that defendant has a prior 8 conviction for a forcible felony or a crime of similar…”
State of Iowa v. Dijonis Burkett Brown (Iowa Ct. App. 2020).
· cites it 3× “140, § 6 (codified at Iowa Code § 902.11 (2A)). The new law gives an aspect of discretion to the sentencing court that did not exist at the time of Brown’s sentencing.”
— Iowa Code § 902.11(1) — 1 case
State v. Austin, 585 N.W.2d 241 (Iowa 1998).
“Iowa Code § 902.11 (1995). Under this section, Austin would be denied parole or work release before the expiration of one-half of his sentence because a conviction under section 709.”
— Iowa Code § 902.11(2A) — 2 cases
State of Iowa v. Monica Fagan (Iowa Ct. App. 2020).
“140, § 6 (codified at Iowa Code § 902.11 (2A)). The new law bestowed discretion on the sentencing court that did not exist at the time of Fagan’s hearing.”
State of Iowa v. Dijonis Burkett Brown (Iowa Ct. App. 2020).
“140, § 6 (codified at Iowa Code § 902.11 (2A)). The new law gives an aspect of discretion to the sentencing court that did not exist at the time of Brown’s sentencing.”
— Iowa Code § 902.11(3) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.