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STATE v. MAXWELL

No. 06-0228.

743 N.W.2d 185 (2008)

STATE of Iowa, Appellee, v. Gregory Eugene MAXWELL, Appellant.

Supreme Court of Iowa.

January 4, 2008.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, Theresa R. Wilson, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, John P. Sarcone, County Attorney, and Celene Gogerty, Assistant County Attorney, for appellee.

WIGGINS, Justice.

George Eugene Maxwell appeals the district court's use of the same two prior felony convictions to classify his crime as a felony under Iowa Code section 124.401(5) (2005) and to sentence him as a habitual offender under section 902.8. Maxwell also claims the district court erred when it denied his motion for new trial without giving any reasons for its denial. Finally, Maxwell requests this court find his trial counsel provided ineffective assistance...

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