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STATE v. LUTGEN

No. 99-156.

606 N.W.2d 312 (2000)

STATE of Iowa, Appellee, v. Donald Lee LUTGEN, Appellant.

Supreme Court of Iowa.

February 16, 2000.

Attorney(s) appearing for the Case

Christopher A. Kragnes, Sr., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Steve Norby, Assistant County Attorney, for appellee.

Considered en banc.

LARSON, Justice.

Donald Lutgen entered an Alford plea to operating while intoxicated (OWI) and being a third-time offender, in violation of Iowa Code section 321J.2 (Supp.1997). At the combined plea and sentencing proceeding, Lutgen requested that the fine portion of his sentence be converted into community service hours. The court sentenced Lutgen to an indeterminate term of incarceration not to exceed five years, placement in a treatment program, and a fine...

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