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State v. Deets

STATE of Iowa v. Marlin DEETS

State v. Deets, 217 N.W.2d 639 (Iowa 1974)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
April 24, 1974
Docket
No. 55784
Judges
Harris, Legrand, Mason, Moore, Reynoldson
Citations
217 N.W.2d 6391974 Iowa Sup. LEXIS 1347

Opinion of the Court — Per Curiam

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM:

This appeal by the State is a sequel to State v. Deets, Iowa, 195 N.W.2d 118 . Upon remand trial court sentenced defendant upon his perjury conviction to a term not to exceed ten years in the reformatory at Anamosa. After presentence investigation and hearing trial court granted probation. This, was done under section 247.20, Code, 1971. The State has appealed. It contends the trial court abused its admitted discretion in granting a bench parole. The record discloses no abuse. In fact, grant of probation is well supported by substantial evidence.

An appeal by the State in a criminal case is permitted only where it involves questions of law, either substantial or procedural, whose determination will be beneficial generally to the bench and bar of the State as a guide in the future. State v. Warren, Iowa, 216 N.W.2d 326 , filed March 27, 1974; State v. Kessler, Iowa, 213 N.W.2d 671, 672 ; State v. Kriens, 255 Iowa 1130, 1131 , 125 N.W.2d 263 , 264 and citations.

This appeal involves only a factual review. An opinion on State’s appeal is unnecessary.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1977: 11982: 119772026peak 1977 · 1

Relies on it most ⓘ

  1. State v. Lachowitzer314 N.W.2d 307 (S.D. 1982)
  2. State v. Harris251 N.W.2d 483 (Iowa 1977)

Most recent

  1. State v. Lachowitzer314 N.W.2d 307 (S.D. 1982)
  2. State v. Harris251 N.W.2d 483 (Iowa 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
State v. Kriens, 125 N.W.2d 263 (Iowa 1963) 6
State v. Deets, 195 N.W.2d 118 (Iowa 1972) 38
State v. Warren, 216 N.W.2d 326 (Iowa 1974) 6
State v. Kessler, 213 N.W.2d 671 (Iowa 1973) 4

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