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STATE v. ECKRICH

No. 02-1508.

670 N.W.2d 647 (2003)

STATE of Iowa, Appellee, v. Brandon Dean ECKRICH, Appellant.

Court of Appeals of Iowa.

August 27, 2003.

Attorney(s) appearing for the Case

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

Thomas J. Miller, Attorney General, Cristen Odell, Assistant Attorney General, J. Patrick White, County Attorney, and David Tiffany, Assistant County Attorney, for appellee.

Considered by SACKETT, C.J., and HUITINK and VOGEL, JJ.

VOGEL, J.

Brandon Eckrich appeals his convictions and sentences for felony eluding under Iowa Code section 321.279(3) (1999) and possession of controlled substance under section 124.401, claiming a double jeopardy violation as he had previously been convicted for operating while intoxicated (OWI) under section 321J.2 for the same conduct. Without deciding whether OWI and possession are lesser-included offenses of felony eluding, we conclude the legislature intended...

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