STATE v. CONLEY

No. 56929.

222 N.W.2d 501 (1974)

STATE of Iowa, Appellee, v. Ronald Michael CONLEY, Appellant.

Supreme Court of Iowa.

October 16, 1974.


Attorney(s) appearing for the Case

Walter W. Rothschild, Waterloo, for appellant.

Richard C. Turner, Atty. Gen., David E. Linquist, Asst. Atty. Gen., and Robert L. Rausch, County Atty., for appellee.

Heard by MOORE, C. J., and REES, UHLENHOPP, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

Defendant appeals his sentence as an habitual criminal under Code § 747.5. The determinative question, one of first impression in this state, is whether the statute is applicable when both of the prior offenses involved were committed before defendant was convicted and sentenced for either of them. Trial court held it is. We reverse and remand because we hold it is not.

Code § 747.5 provides:

"Whoever has been twice convicted...

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