STATE v. KUKOWSKI

No. 05-0068.

704 N.W.2d 687 (2005)

STATE of Iowa, Appellee, v. Timothy Will KUKOWSKI, Appellant.

Supreme Court of Iowa.

October 7, 2005.


Attorney(s) appearing for the Case

Douglas L. Tindal of Tindal & Kitchen, PLC, Washington, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, and Barbara A. Edmondson, County Attorney, for appellee.


CADY, Justice.

In this appeal from a judgment and sentence for third-offense operating while intoxicated, we review a challenge to the procedure governing the imposition of an increased penalty when a defendant has prior convictions and is found guilty of the current offense. We conclude the district court abused its discretion in failing to permit the defendant to withdraw an affirmation of a prior conviction after the district court required the defendant to personally...

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