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STATE v. SCHULTZ

No. 98-1764.

604 N.W.2d 60 (1999)

STATE of Iowa, Appellant, v. Jon G. SCHULTZ, Appellee.

Supreme Court of Iowa.

December 22, 1999.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, John P. Sarcone, County Attorney, and Michelle Chenoweth, Assistant County Attorney, for appellant.

Tom Keiderling, Robert R. Rigg of Drake University Legal Clinic, and William P. Kelly, Student Legal Intern, for appellee.

Considered by LARSON, P.J., and LAVORATO, SNELL, CADY, and HARRIS, JJ.

CADY, Justice.

This appeal requires us to determine whether Iowa Code section 707.6A(6) (1997) precludes the State from using a prior conviction for vehicular homicide based upon the operation of a motor vehicle while intoxicated (OWI) to elevate a subsequent OWI charge to a second offense. The district court held the State was precluded from using a prior vehicular homicide conviction as a prior conviction for an OWI second offense, and dismissed the trial information...

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