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STATE v. PLOWMAN

No. 06-1985.

757 N.W.2d 684 (2008)

STATE of Iowa, Plaintiff-Appellee, v. Duane Allen PLOWMAN, Defendant-Appellant.

Court of Appeals of Iowa.

July 16, 2008.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Jason Shaw, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Gary Allison, County Attorney, Korie Shippee and Kerrie L. Snyder, Assistant County Attorneys, for appellee.

Considered by VOGEL, P.J., and MAHAN and ZIMMER, JJ.

ZIMMER, J.

Duane Plowman appeals from his conviction and sentence for third-offense operating while intoxicated (OWI) in violation of Iowa Code section 321J.2 (2005). Plowman contends the district court entered an illegal sentence against him by sentencing him to third-offense OWI, rather than second-offense. We affirm.

I. Background Facts and Proceedings.

Plowman was arrested for...

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