STATE v. TOVAR

No. 01-1558.

656 N.W.2d 112 (2003)

STATE of Iowa, Appellee, v. Felipe Edgardo TOVAR, Appellant.

Supreme Court of Iowa.

January 23, 2003.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Darrel L. Mullins, Assistant Attorney General, J. Patrick White, Johnson County Attorney, and Victoria Dominguez, Assistant County Attorney, for appellee.


TERNUS, Justice.

The defendant, Felipe Tovar, challenges his conviction, after a bench trial, of third-offense operating while intoxicated (OWI). He claims his first OWI conviction should not have been used to enhance the penalty for his current conviction because his prior conviction resulted from an uncounseled guilty plea, and he had not made a valid waiver of his Sixth Amendment right to counsel at the guilty plea proceeding. The district court and the court of...

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