1. The maximum sentence for any person convicted of a felony shall be that prescribed
by statute or, if not prescribed by statute, if other than a class “A” felony shall be determined
as follows:
a. Reserved.
b. A class “B” felon shall be confined for no more than twenty-five years.
c. An habitual offender shall be confined for no more than fifteen years.
d. A class “C” felon, not an habitual offender, shall be confined for no more than ten years,
and in addition shall be sentenced to a fine of at least one thousand three hundred seventy
dollars but not more than thirteen thousand six hundred sixty dollars.
e. A class “D” felon, not an habitual offender, shall be confined for no more than five years,
and in addition shall be sentenced to a fine of at least one thousand twenty-five dollars but
not more than ten thousand two hundred forty-five dollars.
2. The surcharges required by sections 911.1, 911.2A, and 911.5 shall be added to a fine
imposed on a class “C” or class “D” felon, as provided by those sections, and are not a part of
or subject to the maximums set in this section.
[C79, 81, §902.9]
84 Acts, ch 1134, §1; 84 Acts, ch 1219, §38; 86 Acts, ch 1220, §44; 92 Acts, ch 1163, §121; 93
Acts, ch 110, §9; 99 Acts, ch 12, §17; 99 Acts, ch 65, §6, 7; 2001 Acts, ch 168, §4; 2002 Acts, ch
1042, §3; 2002 Acts, ch 1050, §55; 2004 Acts, ch 1111, §7; 2013 Acts, ch 30, §224; 2014 Acts,
ch 1097, §12; 2020 Acts, ch 1074, §16, 45, 93; 2023 Acts, ch 86, §12
Referred to in §48A.11, 124.401, 321J.2, 707.3, 708.2D, 708A.2, 709.23, 716.10, 716.12, 724.4A, 726.6, 726.6A, 728.12, 901.10, 902.3,
907.14
Enhanced penalties in weapons free zones, see §724.4A
Habitual offender, §902.8
Fines, see chapter 909
Surcharge on penalty, chapter 911
\n
Notes of Decisions
Cited in
286
cases (
53 in the last 5 years), 1978–2026 · leading case:
State v. Maxwell, 743 N.W.2d 185 (Iowa 2008).
State v. Maxwell, 743 N.W.2d 185 (Iowa 2008).
· cites it 15× “We also recognized section 902.9 specifically states it applies to the “‘sentencing of any person convicted of a felony’ unless otherwise specified by another statute.”
State v. Peterson, 327 N.W.2d 735 (Iowa 1982).
· cites it 78× “He would bolster this argument by the language of section 902.9 which states: "The maximum sentence for any person convicted of a felony.”
State of Iowa v. Andre Letroy Antwan Harrington, 893 N.W.2d 36 (Iowa 2017).
· cites it 8× “See Iowa Code § 902.9 (1)(a)–(e). Thus, any immigration consequences would inevitably result from the primary offense, not the sentencing enhancement.”
State v. Owens, 635 N.W.2d 478 (Iowa 2001).
· cites it 18× “In Draper , we determined the habitual-offender enhancement imposed pursuant to section 902.9 “dovetailed” with section 204.”
State v. Nail, 743 N.W.2d 535 (Iowa 2007).
· cites it 12× “3, a defendant shall be assessed a civil penalty of an amount not less than the amount of any criminal fine authorized by law for the offense under section 902.9 or section 903.1. The defendants argued, among other things, that the civil penalty authorized by section 907.”
State v. Draper, 457 N.W.2d 600 (Iowa 1990).
· cites it 22× “Iowa Code § 902.9 . The term “habitual offender” is defined in Iowa Code section 902.”
State of Iowa v. Donald Benjamin Earl Reed, 875 N.W.2d 693 (Iowa 2016).
· cites it 4× “felony that, pursuant to Iowa Code section 902.9(1)(6), carries a twenty-five-year indeterminate sentence, The jury found he committed that crime while in the immediate possession of a firearm in violation of section 124.”
State v. Ayers, 590 N.W.2d 25 (Iowa 1999).
· cites it 12× “See Iowa Code §§ 902.9 (3), 903.1(2). Ayers appeals only from the sentence imposed.”
State v. Sisk, 577 N.W.2d 414 (Iowa 1998).
· cites it 24× “(quoting Iowa Code § 902.9 (1987)). We also held in Draper that the penalty imposed under section 902.”
State v. Carstens, 594 N.W.2d 436 (Iowa 1999).
· cites it 32× “See Iowa Code § 902.9 (2). We affirm. Our review of challenges to the legality of a sentence is for errors at law.”
State v. Carpenter, 616 N.W.2d 540 (Iowa 2000).
· cites it 14× “8(l)(c), referred only to sentencing pursuant to section 902.9, the general sentencing statute applicable to felony offenses, and did not specifically mention the 85% rule under section 902.”
— Iowa Code § 902.9(1) — 9 cases
— Iowa Code § 902.9(1)(6) — 2 cases
State of Iowa v. Donald Benjamin Earl Reed, 875 N.W.2d 693 (Iowa 2016).
“felony that, pursuant to Iowa Code section 902.9(1)(6), carries a twenty-five-year indeterminate sentence, The jury found he committed that crime while in the immediate possession of a firearm in violation of section 124.”
— Iowa Code § 902.9(1)(a) — 1 case
— Iowa Code § 902.9(1)(b) — 12 cases
State of Iowa v. Donald Benjamin Earl Reed, 875 N.W.2d 693 (Iowa 2016).
“felony that, pursuant to Iowa Code section 902.9(1)(6), carries a twenty-five-year indeterminate sentence, The jury found he committed that crime while in the immediate possession of a firearm in violation of section 124.”
— Iowa Code § 902.9(1)(c) — 10 cases
— Iowa Code § 902.9(1)(d) — 12 cases
— Iowa Code § 902.9(1)(e) — 9 cases
— Iowa Code § 902.9(2) — 25 cases
State v. Owens, 635 N.W.2d 478 (Iowa 2001).
“In Draper , we determined the habitual-offender enhancement imposed pursuant to section 902.9 “dovetailed” with section 204.”
State v. Sisk, 577 N.W.2d 414 (Iowa 1998).
“(quoting Iowa Code § 902.9 (1987)). We also held in Draper that the penalty imposed under section 902.”
— Iowa Code § 902.9(3) — 30 cases
State v. Maxwell, 743 N.W.2d 185 (Iowa 2008).
“We also recognized section 902.9 specifically states it applies to the “‘sentencing of any person convicted of a felony’ unless otherwise specified by another statute.”
State v. Owens, 635 N.W.2d 478 (Iowa 2001).
“In Draper , we determined the habitual-offender enhancement imposed pursuant to section 902.9 “dovetailed” with section 204.”
State v. Ayers, 590 N.W.2d 25 (Iowa 1999).
“See Iowa Code §§ 902.9 (3), 903.1(2). Ayers appeals only from the sentence imposed.”
— Iowa Code § 902.9(4) — 31 cases
State v. Peterson, 327 N.W.2d 735 (Iowa 1982).
“He would bolster this argument by the language of section 902.9 which states: "The maximum sentence for any person convicted of a felony.”
— Iowa Code § 902.9(5) — 12 cases
State v. Maxwell, 743 N.W.2d 185 (Iowa 2008).
“We also recognized section 902.9 specifically states it applies to the “‘sentencing of any person convicted of a felony’ unless otherwise specified by another statute.”
— Iowa Code § 902.9(b) — 1 case
— Iowa Code § 902.9(d) — 1 case
— Iowa Code § 902.9(e) — 2 cases
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.