Iowa Code

Iowa Code § 903.2 (2026)

Reconsideration of misdemeanant’s sentence

✓ current as of July 2026
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For a period of thirty days from the date when a person convicted of a misdemeanor begins to serve a sentence of confinement, the court may order the person to be returned to the court, at which time the court may review its previous action and reaffirm it or substitute for it any sentence permitted by law. The sentencing court retains jurisdiction for the limited purposes of conducting such review and entering an appropriate order notwithstanding the timely filing of a notice of appeal or an application for discretionary review. The court’s final\n\nTue Dec 09 21:52:23 2025 Iowa Code 2026, Chapter 903 (19, 0) §903.2, MISDEMEANORS 2\n\norder in the proceeding shall be delivered to the defendant personally or by regular mail. Such action is discretionary with the court and its decision to take the action or not to take the action is not subject to appeal. The other provisions of this section notwithstanding, for the purposes of appeal a judgment of conviction is a final judgment when pronounced. [C79, 81, §903.2] 84 Acts, ch 1139, §2; 2003 Acts, ch 151, §60 Referred to in §901.5

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Notes of Decisions
Cited in 2 cases, 1982–2018 · leading case: State v. Epps, 322 N.W.2d 288 (Iowa 1982).
State v. Epps, 322 N.W.2d 288 (Iowa 1982). “2d 4, 5 (Iowa 1979) (under Iowa Code § 903.2 (1979) a trial court may, on motion, reconsider a misde-meanant’s sentence although the statute only provided for reconsideration sua sponte: “We know of no rule which prohibits parties from applying to courts for appropriate relief.”
State of Iowa v. Denise Lasay Gines (Iowa Ct. App. 2018). “See Iowa Code § 903.2 . III. Analysis. Gines argues the district court abused its discretion when it failed to consider mitigating factors, such as her lung disease, COPD, kleptomania and mood problems.”
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