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STATE v. MORET

No. 91-1843.

486 N.W.2d 589 (1992)

STATE of Iowa, Appellant, v. Verle A. MORET, Appellee.

Supreme Court of Iowa.

June 17, 1992.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., Mark Hunacek, Asst. Atty. Gen., and Michael E. Thole, Sp. County Prosecutor, for appellant.

Randy L. Waagmeester of DeWaay & Waagmeester, Rock Rapids, for appellee.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL and ANDREASEN, JJ.

ANDREASEN, Justice.

The State appeals from an order of a district associate judge dismissing an habitual offender petition because the defendant had established his laches defense. The State challenges the decision on the ground that a district associate judge does not have jurisdiction of civil habitual offender proceedings. We treat this challenge as an action for writ of certiorari. Because there is no constitutional or statutory authority for the district associate...

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