" Therefore, when Hogge's probation was revoked on June 23, 1987, the court exceeded its statutory authority by ordering the sentences to be served consecutively. The defendant cites State v. Link, 341 N.W.2d 738, 740 (Iowa 1983), in support of this theory. In Link, the defendant was placed on probation for two years after a conviction for two counts of burglary in the second degree.
In light of our recognition of the nature and realities of the legislative process, we have repeatedly emphasized that sentencing provisions in Iowa's criminal code must be read in pan materia with other sentencing provisions found elsewhere in the code. State, 616 N.W.2d at 581; State v. Carstens, 594 N.W.2d 436, 437 (Iowa 1999); State v. Kostman, 585 N.W.2d 209, 212 (Iowa 1998); State v. Daniel, 574 N.W.2d 333, 335 (Iowa 1998); State v. Byers, 456 N.W.2d 917, 919 (Iowa 1990); State v. Link, 341 N.W.2d 738 (Iowa 1983), superseded by statute as stated in Jenney v. Iowa Dist. CL, 456 N.W.2d 921, 923 (Iowa 1990); State v. Hildebrand, 280 N.W.2d 393, 397 (Iowa 1979). Through such interpretation, we necessarily operate on the objective assumption that the legislature strives to create a symmetrical and harmonious system of laws. State, 616 N.W.2d at 581; Fitzgerald v. State, 220 Iowa 547, 552, 260 N.W. 681, 683-84 (1935).
Finally, we do not apply the literal meaning of a word if it fails to reflect the manifest intent of our legislature. State v. Link, 341 N.W.2d 738, 740 (Iowa 1983). The purpose of enhanced sentencing provisions in a statute is to deter and punish recidivism.
The ultimate goal is "a reasonable interpretation and construction which will best effect the purpose of the statute, seeking to avoid absurd results." State v. Link, 341 N.W.2d 738, 740 (Iowa 1983). III. Issue on Appeal
This court has recognized that "we . . . seek a reasonable interpretation and construction which will best effect the purpose of the statute, seeking to avoid absurd results." State v. Link, 341 N.W.2d 738, 740 (Iowa 1983) (citations omitted). I find that applying child pornography to the exemption does not create an absurd result for the following reasons.
The court, in sentencing defendant, initially applied section 902.9(3) which requires that persons found guilty of a class "C" felony must be sentenced to an indeterminate prison term not to exceed ten years. See State v. Link, 341 N.W.2d 738, 740 (Iowa 1983). The court then analyzed whether it could appropriately impose a mandatory minimum prison term less than that required by section 204.413 which states that a person sentenced pursuant to section 204.401(1)(a) "shall not be eligible for parole until the person has served a minimum period of confinement of one-third of the maximum indeterminate sentence prescribed by law."
(Emphasis added.) In State v. Link, 341 N.W.2d 738, 739-40 (Iowa 1983), we considered the term "lesser sentence." The defendant had been sentenced to serve 120 days in the county jail following revocation of his probation.
The legislature clearly stated and certainly intended that all utility rates be reasonable, and we therefore must reject the company's construction which would allow communications utilities to grant unreasonable preferences. See State v. Link, 341 N.W.2d 738, 740 (Iowa 1983) ("[W]e will seek a reasonable interpretation and construction which will best effect the purpose of the statute, seeking to avoid absurd results."). The company argues that the commission for the past twenty years placidly acquiesced in its reading of section 476.5 to allow preferential rates and, in the absence of legislative intervention, is bound by its previous interpretation of the statute.
The ultimate goal is "a reasonable interpretation and construction which will best effect the purpose of the statute, seeking to avoid absurd results." State v. Link, 341 N.W.2d 738, 740 (Iowa 1983). "A conspiracy to commit a public offense is an offense separate and distinct from any public offense which might be committed pursuant to such conspiracy.