Iowa Code
Iowa Code § 902.8 (2026)
Minimum sentence — habitual offender
✓ current as of July 2026
Find cases:
SyfertCases citing this section
IA-LEGlegis.iowa.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
An habitual offender is any person convicted of a class “C” or a class “D” felony, who has twice before been convicted of any felony in a court of this or any other state, or of the United States. An offense is a felony if, by the law under which the person is convicted, it is so classified at the time of the person’s conviction. A person sentenced as an habitual offender shall not be eligible for parole until the person has served the minimum sentence of confinement of three years. [S13, §4871-a, 5091-a; C24, 27, 31, 35, 39, §13396, 13400; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §747.1, 747.5; C79, 81, §902.8] Referred to in §321J.2, 821.4, 901.5 Court to inform defendant of mandatory minimum, §901.5(7)
\nNotes of Decisions
Cited in 63
cases (10 in the last 5 years), 1986–2026 · leading case: State of Iowa v. Andre Letroy Antwan Harrington, 893 N.W.2d 36 (Iowa 2017).
State of Iowa v. Andre Letroy Antwan Harrington, 893 N.W.2d 36 (Iowa 2017). “” See Iowa Code § 902.8 (2017). The court must inform the offender that these prior felony convictions are only valid if obtained when the offender was represented by counsel or knowingly and voluntarily waived the right to counsel.”
State of Iowa v. Anthony George Brothern, 832 N.W.2d 187 (Iowa 2013). “See Iowa Code § 902.8 (providing that a habitual offender includes anyone convicted of a class “D” felony who has been twice before convicted of a felony and that such persons shall not be eligible for parole until they have served a minimum of three years).”
State v. Freeman, 705 N.W.2d 286 (Iowa 2005). “" Iowa Code § 902.8 (1981). We were then confronted with the question of whether the habitual offender statute, as amended, applied when the two prior convictions occurred on the same day.”
State v. Parker, 747 N.W.2d 196 (Iowa 2008). “” Iowa Code § 902.8 . We have held this definition requires “each succeeding conviction must be subsequent in time to the previous convictions, both with respect to commission of the offense and to conviction.”
State v. Ceaser, 585 N.W.2d 192 (Iowa 1998). “, Iowa Code §§ 902.8 (habitual offender status), .”
State v. Woody, 613 N.W.2d 215 (Iowa 2000). “See Iowa Code §§ 902.8 , 902.9(2).) Woody pled guilty to the second-degree robbery charge and admitted that he had been convicted of a felony on two previous occasions.”
State v. Ross, 729 N.W.2d 806 (Iowa 2007). “See Iowa Code § 902.8 . The defendant argues that the omission of similar language in section 902.”
State of Iowa v. Deshaun Marvin Lamar Williams, 910 N.W.2d 586 (Iowa 2018). “See Iowa Code §§ 902.8 , .9(1)(c); id. § 903.”
State of Iowa v. Bernard Anthony Smith, 924 N.W.2d 846 (Iowa 2019). “2d at 45 (quoting Iowa Code § 902.8 (2017)). The record is silent as to any determination by the court that "a factual basis exists to support the admission to the prior convictions.”
Montone v. State, 521 A.2d 720 (Md. 1987). “§ 35-50-2-8 (Burns 1985); Iowa, Iowa Code Ann. § 902.8 (1979); Michigan, Mich.”
State v. Owens, 635 N.W.2d 478 (Iowa 2001). “Iowa Code § 902.8 . The issue before us concerns the interaction between the habitual-offender enhancement and the firearm possession enhancement required by Iowa Code section 124.”
State v. Gallup, 500 N.W.2d 437 (Iowa 1993). “See Iowa Code §§ 902.8 , 902.9(2). On appeal from these convictions, the defendant raises four issues.”
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.