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STATE v. CLARK

No. 98-1905.

608 N.W.2d 5 (2000)

STATE of Iowa, Appellant, v. Jerrot Heath CLARK, Appellee.

Supreme Court of Iowa.

March 22, 2000.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Mark Hunacek, Assistant Attorney General, for appellant.

Linda Del Gallo, State Appellate Defender, and Stephan J. Japuntich, Assistant State Appellate Defender, for appellee.

Considered en banc.

SNELL, Justice.

The State appeals a district court ruling whereby it was determined the prosecution failed to prove the offense of driving while barred, because the Department of Transportation's procedure for adjudicating habitual offenders did not comply with the Iowa Code. We reverse and remand.

I. Background Facts and Proceedings

On October 7, 1997, defendant, Jerrot Heath Clark, was adjudicated an habitual offender by the Iowa Department of...

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