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BOWN v. STATE

No. 90-1660.

475 N.W.2d 3 (1991)

Rusty Craig BOWN, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

September 18, 1991.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Julie Ann Halligan, Asst. Atty. Gen., Kevin Parker, County Atty., and John W. Criswell, Asst. County Atty., for appellant.

John R. Hoyman of Gottschald & Hoyman, Indianola, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, LAVORATO, and NEUMAN, JJ.

SCHULTZ, Justice.

The State appeals from a district court order granting postconviction relief to applicant Rusty Craig Bown on the ground that the sentence imposed on Bown exceeded the maximum authorized by law. We reverse the district court's ruling and remand for further proceedings.

In July 1989, Bown pled guilty to the charge of operating while intoxicated (OWI), third offense, in violation of Iowa Code section 321J.2(2)(c).1

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