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STATE v. RYAN

No. 91-1377.

493 N.W.2d 82 (1992)

STATE of Iowa, Plaintiff-Appellee, v. Donald Earl RYAN, Defendant-Appellant.

Court of Appeals of Iowa.

As Corrected October 6, 1992.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, Elizabeth E. Quinlan, Asst. State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Bruce Kempkes, Asst. Atty. Gen., William E. Davis, County Atty., and Robert C. Bradfield, Asst. County Atty., for appellee.

Heard by OXBERGER, C.J., and SCHLEGEL and SACKETT, JJ.

SACKETT, Judge.

Defendant-appellant Donald Earl Ryan was convicted of theft in the third degree in violation of Iowa Code section 714.2(3) (1991). Defendant was then found to be a habitual offender on the basis of three earlier convictions for theft in the fifth degree. Defendant has appealed challenging the finding he is an habitual offender. Defendant contends it was unconstitutional to enhance the current charge of theft in the third degree on the basis of the...

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