STATE v. BURDEN

No. 88-792.

445 N.W.2d 395 (1989)

STATE of Iowa, Plaintiff-Appellee, v. Michael Ray BURDEN, Defendant-Appellant.

Court of Appeals of Iowa.

June 15, 1989.


Attorney(s) appearing for the Case

William L. Wegman, State Public Defender, and Shari Barron, Asst. Public Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Julie A. Halligan, Asst. Atty. Gen., and Scott Rosenberg, Asst. County Atty., for plaintiff-appellee.

Heard by DONIELSON, P.J., and SACKETT and HABHAB, JJ.


DONIELSON, Presiding Judge.

Defendant Michael Ray Burden appeals his conviction, entered upon a plea of guilty, of OWI, third offense, in violation of Iowa Code section 321J.2 (1987). Defendant challenges the acceptance of his guilty plea, asserting the district court failed to determine on the record that a factual basis existed or that he understood the charge. In addition, he asserts that he should not have been sentenced as a third offender because his two prior...

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