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STATE v. RICE

No. 02-0945.

661 N.W.2d 550 (2003)

STATE of Iowa, Appellee, v. Travis William RICE, Appellant.

Court of Appeals of Iowa.

February 12, 2003.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and James G. Tomka, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kristin Mueller, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Michael Bandy, Assistant County Attorney, for appellee.

Considered by VOGEL, P.J., and ZIMMER and HECHT, JJ.

VOGEL, Presiding Judge.

Travis Rice pled guilty to eluding in violation of Iowa Code section 321.279 (2001) and operating while intoxicated, second offense, in violation of section 321J.2. He was sentenced separately on each count. Rice now argues operating while intoxicated was a lesser included offense of eluding and that the two convictions should have been merged pursuant to section 701.9. Upon our review for correction of errors at law, State v. Bullock,<...

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