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STATE v. SISK

No. 97-744.

577 N.W.2d 414 (1998)

STATE of Iowa, Appellee, v. Marvin Dewayne SISK, Appellant.

Supreme Court of Iowa.

April 22, 1998.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and James G. Tomka, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Linda Jenson Hall, Assistant County Attorney, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, LAVORATO, and ANDREASEN, JJ.

PER CURIAM.

Defendant appeals the judgment and sentence entered upon his convictions of delivery of a controlled substance as a second offender, and being an habitual offender, in violation of Iowa Code sections 124.401(1)(c), 124.411, and 902.8 (1995). He argues, among other things, that his forty-five-year sentence was not authorized pursuant to Iowa Code section 124.411(1) (providing that second or subsequent offenders of Iowa Code chapter 124, the Iowa Controlled...

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