902.4 Reconsideration of felon’s sentence. For a period of one year from the date when a person convicted of a felony, other than a class 'A' or class 'B' felony, begins to serve a sentence of confinement, the court, on itsown motion or on the recommendation of the director of the Iowa department of corrections,may order the person to be returned to the court, at which time the court may review itsprevious action and reaffirm it or substitute for it any sentence permitted by law. Copies ofthe order to return the person to the court shall be provided to the attorney for the state, thedefendant’s attorney, and the defendant. Upon a request of the attorney for the state, thedefendant’s attorney, or the defendant if the defendant has no attorney, the court may, but isnot required to, conduct a hearing on the issue of reconsideration of sentence. The court shallnot disclose its decision to reconsider or not to reconsider the sentence of confinement untilthe date reconsideration is ordered or the date the one-year period expires, whichever occursfirst. The district court retains jurisdiction for the limited purposes of conducting such reviewand entering an appropriate order is ordered or the date the one-year period expires, whichever occursfirst. The district court retains jurisdiction for the limited purposes of conducting such reviewand entering an appropriate order notwithstanding the timely filing of a notice of appeal.The court’s final order in the proceeding shall be delivered to the defendant personally or byregular mail. The court’s decision to take the action or not to take the action is not subject toappeal. However, for the purposes of appeal, a judgment of conviction of a felony is a finaljudgment when pronounced. [C79, 81, §902.4]83 Acts, ch 96, §129, 159; 84 Acts, ch 1139, §1; 84 Acts, ch 1149, §1; 97 Acts, ch 189, §1; 2001 Acts, ch 165, §5; 2003 Acts, ch 151, §59; 2017 Acts, ch 122, §16 Referred to in §901.5, 902.6 Sat Dec 23 12:36:22 2023 Iowa Code 2024, Section 902.4 (17, 0)
Iowa Legal Code