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STATE v. TALBERT

No. 00-0146.

622 N.W.2d 297 (2001)

STATE of Iowa, Appellant, v. Randy Lee TALBERT, Appellee.

Supreme Court of Iowa.

February 14, 2001.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Victoria Siegel, County Attorney, and Mark Tremmel, Assistant County Attorney, for appellant.

Steven Gardner of Kiple, Kiple, Denefe, Beaver & Gardner, L.L.P., Ottumwa, for appellee.

Considered en banc.

LAVORATO, Chief Justice.

We granted the State's application for discretionary review, challenging a district court finding that there was insufficient evidence to establish a prior violation of a foreign state's driving-while-intoxicated statute necessary to subject the defendant, Randy Lee Talbert, to an enhanced penalty for a present OWI violation. We affirm.

I. Background Facts and Proceedings.

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