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STATE v. STONE

No. 07-1237.

764 N.W.2d 545 (2009)

STATE of Iowa, Appellee, v. Kyle Lynn STONE, Appellant.

Supreme Court of Iowa.

April 17, 2009.

Attorney(s) appearing for the Case

Jerald W. Kinnamon and J. Dean Keegan, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brian J. Williams, Assistant County Attorney, for appellee.

WIGGINS, Justice.

We must decide whether the State can prosecute a driver for driving while his license was denied or revoked if the Iowa Department of Transportation (DOT) subsequently rescinds the revocation. Because the rescission of the revocation does not change the fact the driver's license was revoked at the time of the police stop, the State can proceed with the prosecution. We also hold, under these circumstances...

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