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STATE v. SCHWEITZER

No. 01-0745.

646 N.W.2d 117 (2002)

STATE of Iowa, Plaintiff-Appellee, v. Benjamin Thomas SCHWEITZER, Defendant-Appellant.

Court of Appeals of Iowa.

April 10, 2002.

Attorney(s) appearing for the Case

Barbara Schwartz, University of Iowa Clinical Law Programs, Iowa City, and Reeni A. Brakefield and John Craiger, Student Legal Interns, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, J. Patrick White, County Attorney, and David Tiffany, Assistant County Attorney, for appellee-State.

Considered by VOGEL, P.J., and MILLER and EISENHAUER, JJ.

EISENHAUER, J.

The defendant, Benjamin Schweitzer, appeals his conviction and sentence following his guilty plea to charges of operating while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2(2)(b) (1999). Schweitzer argues the district court erred in concluding that a juvenile adjudication for OWI constitutes a prior offense for the purpose of charging and sentencing under section 321J.2(4). We affirm.

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