Q: In the state of Iowa are there any time constraints as to how far back they can go to a prior charge for enhancement?
Specifically if a person had a theft 5th degree twice before in 2003. Then in 2018 another 5th degree theft and they enhanced it to theft 3rd due to the 2003 charges? Are there any time limitations as to how far back they can go to use previous charges to enhance a new one?
A: Enhancing a theft charge based on prior theft charges is a new one to me. The Iowa Code section that talks about degrees of theft is here: https://www.legis.iowa.gov/docs/code/714.2.pdf and I don't see any reference to enhancement.
Do you have a code section they've brought up or are you sure that they're enhancing from a theft 5th to theft 3rd based on prior theft convictions?
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