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STATE v. PHELPS

No. 87-991.

417 N.W.2d 460 (1988)

STATE of Iowa, Appellant, v. Michael David PHELPS, Appellee.

Supreme Court of Iowa.

January 20, 1988.

Attorney(s) appearing for the Case

Mark Hunacek, Asst. Atty. Gen., Ames, for appellant.

David A. Millage of Wells & Gallagher, P.C., Bettendorf, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, SNELL, and ANDREASEN, JJ.

SNELL, Justice.

On April 13, 1987, the State commenced the present civil action alleging appellee, Michael David Phelps, was a habitual offender. See Iowa Code § 321.555 (1985). The State sought the revocation of Phelps's driver's license as a sanction for that alleged status. See Iowa Code § 321.559 (1985). Following a hearing, the district court, relying on this court's decision in State v....

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