IN THE SUPREME COURT OF IOWA
No. 07–0697
Filed November 14, 2008
STATE OF IOWA,
Appellant,
vs.
RAYMOND SCOTT BAINES,
Appellee.
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Appeal from the Iowa District Court for Johnson County, Stephen
C. Gerard, II, Judge.
The State appeals a district court ruling that the special sentencing
provisions of Iowa Code section 903B.2 are unconstitutional.
JUDGMENT OF CONVICTION AFFIRMED. SENTENCE AFFIRMED IN
PART AND VACATED IN PART; CASE REMANDED FOR
RESENTENCING.
Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson,
Assistant Attorney General, Janet M. Lyness, County Attorney, and
Deborah Farmer Minot and Anne M. Lahey, Assistant County Attorneys,
for appellant.
Mark C. Smith, State Appellate Defender, and Patricia Reynolds,
Assistant State Appellate Defender, for appellee.
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PER CURIAM.
The State appeals the district court’s ruling, in which the court
refused to impose the special sentence provisions of Iowa Code section
903B.2 (Supp. 2005) on Raymond Scott Baines, who had been convicted
of one count of indecent exposure under chapter 709 and one count of
indecent exposure in violation of an Iowa City ordinance. The district
court found the sentencing statute was “illegal and unconstitutional.” In
this case, the court is asked to decide whether the special sentencing
provisions of Iowa Code section 903B.2 violate the United States
Constitution’s prohibition against cruel and unusual punishment, the
separation-of-powers doctrine, and the Equal Protection Clauses of the
United States and Iowa Constitutions.
Other than the identity of the defendant, the facts in this appeal
are identical to those presented in a companion case, State v. Wade, __
N.W.2d __ (Iowa 2008). The applicable legal principles are also the same.
Based upon the reasoning contained in Wade, we find that Iowa Code
section 903B.2 is neither illegal nor unconstitutional. Therefore, we
remand this case with instructions that the sentence under section
903B.2 be imposed.
JUDGMENT OF CONVICTION AFFIRMED. SENTENCE
AFFIRMED IN PART AND VACATED IN PART; CASE REMANDED FOR
RESENTENCING.
All justices concur except Streit, J., who takes no part.
This opinion shall not be published.