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STATE v. ALLEN

No. 03-1947.

690 N.W.2d 684 (2005)

STATE of Iowa, Appellant, v. Robert Arthur ALLEN, Appellee.

Supreme Court of Iowa.

January 7, 2005.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Darrell Mullins, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Heather Prendergast, Assistant County Attorney, for appellant.

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

STREIT, Justice.

Sometimes the past does catch up with you. The important issue before us today is whether the Iowa Constitution forbids enhancement of a crime on account of a prior uncounseled misdemeanor conviction for which no term of incarceration was imposed. We hold the Iowa Constitution contains no such bar. We reverse and remand for further proceedings.

I. Facts and Prior Proceedings

While...

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