STATE v. O'MALLEY

No. 98-667.

593 N.W.2d 517 (1999)

STATE of Iowa, Appellee, v. David James O'MALLEY, Appellant.

Supreme Court of Iowa.

April 28, 1999.


Attorney(s) appearing for the Case

Carter Stevens of Roberts & Stevens, P.L.C., Waterloo, for appellant.

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, Noel C. Hindt, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Anthony Janney, Assistant County Attorney, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and CADY, JJ.


PER CURIAM.

The defendant, David O'Malley, was convicted of third-offense operating while intoxicated (OWI), in violation of Iowa Code section 321J.2 (1997). On appeal, he challenges only the sentencing court's order directing that his license be revoked for six years pursuant to section 321J.4(3)(a). He contends the district court erred in ordering the revocation because one of his prior OWI convictions is an out-of-state conviction, which, in his view, cannot count...

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