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STATE v. GORDON

No. 04-1474.

732 N.W.2d 41 (2007)

STATE of Iowa, Appellee, v. Benjamin Thomas GORDON, Appellant.

Supreme Court of Iowa.

May 18, 2007.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, R. Steven Johnson, County Attorney, and Michael K. Jacobsen, Assistant County Attorney, for appellee.

TERNUS, Chief Justice.

The appellant, Benjamin Gordon, challenges his sentence as a habitual offender on the charge of criminal mischief in the second degree. He claims the prior felony convictions proven by the State are insufficient to warrant application of the habitual-offender statute. We agree and remand for resentencing on the conviction of second-degree criminal mischief.

I. Background Facts and Proceedings.

Gordon was charged by trial...

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