STATE v. TILLMAN

No. 57278.

228 N.W.2d 38 (1975)

STATE of Iowa, Appellee, v. Cecil Otto TILLMAN, Appellant.

Supreme Court of Iowa.

April 16, 1975.


Attorney(s) appearing for the Case

Keith, Gallagher, Lybbert, Martin & Burk, Waterloo, for appellant.

Richard C. Turner, Atty. Gen., Thomas Mann, Jr., Asst. Atty. Gen. and David J. Dutton, Black Hawk County Atty., for appellee.

Heard before MOORE, C. J., and MASON, LeGRAND, REYNOLDSON and HARRIS, JJ.


LeGRAND, Justice.

Having pled guilty to the crime of shoplifting in violation of § 709.20, The Code, and having admitted he was twice convicted and sentenced for previous felonies, defendant was sentenced as an habitual criminal under § 747.5, The Code, to serve a term of not more than 25 years in the Men's Reformatory at Anamosa. He appeals from this judgment, and we reverse.

There are two issues raised by this appeal. Defendant asserts, first,...

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