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STATE v. ORTE

No. 94-1440.

540 N.W.2d 435 (1995)

STATE of Iowa, Appellee, v. Kenneth Donald ORTE, Jr., Appellant.

Supreme Court of Iowa.

November 22, 1995.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Assistant State Appellate Defender, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Roxann M. Ryan, Des Moines, Assistant Attorney General, and Lawrence H. Schultz, Spencer, County Attorney, for appellee.

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

LAVORATO, Justice.

Kenneth Donald Orte appeals his conviction and sentence for two counts of homicide by vehicle. See Iowa Code § 707.6A(1) (1993). Orte raises two issues. He challenges the district court's refusal to issue mittimus in the present case until Orte serves his remaining jail time on an unrelated charge. He also challenges the district court's refusal to credit him for county jail time he alleges he served on the homicide by vehicle convictions...

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