STATE v. SWARTZ

No. 62610.

278 N.W.2d 22 (1979)

STATE of Iowa, Appellee, v. Ronald Dean SWARTZ, Appellant.

Supreme Court of Iowa.

April 25, 1979.


Attorney(s) appearing for the Case

Richard A. Knock of Mershon, Snow & Knock, Cedar Falls, for appellant.

Thomas J. Miller, Atty. Gen., Thomas A. Evans, Jr., Asst. Atty. Gen., and David J. Dutton, Black Hawk County Atty., for appellant.

Considered by REYNOLDSON, C. J., and REES, McCORMICK, McGIVERIN and LARSON, JJ.


LARSON, Justice.

The sole issue on this appeal is one of first impression in this court. That is, may a prior conviction, which was set aside because of an illegal search, and another charge dismissed following sustaining of a motion to suppress under the fourth amendment, be considered by the trial court in determining a sentence to be imposed in a third, unrelated case? We conclude that they may.

The defendant was convicted of possession of a controlled...

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