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STATE v. PHILO

No. 04-0183.

697 N.W.2d 481 (2005)

STATE of Iowa, Appellee, v. Mark Thomas PHILO, Appellant.

Supreme Court of Iowa.

June 3, 2005.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Theresa R. Wilson, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Mary E. Tabor, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Jill Dashner, Assistant County Attorney, for appellee.

CADY, Justice.

In this appeal, we primarily consider the meaning of the phrase "participating in a public offense" as applied to the eluding of a law enforcement vehicle statute, Iowa Code section 321.279(3)(a) (2003). In doing so, we vacate the decision of the court of appeals, reverse the decision of the district court, and remand for further proceedings.

I. Background Facts and Proceedings

Mark Philo pled guilty to the crimes of theft of...

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