Iowa Court reverses habitual offender sentence

DES MOINES, Iowa (AP) - An Iowa court wrongly classified a convicted drug dealer as a habitual offender, which allowed his prison time to be doubled to 60 years, and must cut the man's sentence in half, the state Supreme Court ruled Friday.

David Edward Bruce, 48, was convicted on two counts of methamphetamine delivery and one count of third-degree sexual abuse in Black Hawk County in 2009. The charges carried a maximum prison sentence of no more than 30 years, but the judge agreed to grant prosecutors' request - after the verdict - to classify Bruce as a habitual offender because of his prior criminal history.

At issue was a court rule that allows motions for habitual offender status to be filed during trial, which the judge in Bruce's case interpreted as including the period between when a verdict is reached and a defendant is sentenced.

The Iowa Supreme Court disagreed and ordered the lower court to re-sentence Bruce.

"We believe the phrase 'during the trial' means the period of time in which the trier of fact hears evidence and makes a decision based on that evidence," the court wrote. "Under this definition, once the jury returns its verdict, the trial has concluded."

Bruce's attorney, state appellate public defender Mark Smith, said clarifying when the rule applies was the objective behind the appeal.

"That was the goal in this case and it was our reading of the law and the court agreed," Smith said, but added that it was unlikely that the decision would impact other cases.

Assistant Attorney General Kevin Cmelik said the decision will force prosecutors to notify the court earlier of of its intent to seen enhanced penalties under the state's habitual status laws.

"If they want to allege someone is a habitual offender, they have to do it before trial starts," Cmelik said. "It makes them line up their cases sooner than was required under the rule as previously interpreted."