Noll v. Iowa District Court for Muscatine County
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The Supreme Court vacated Richard Eugene Noll’s sentence as a habitual offender for operating while intoxicated (OWI), third offense, holding that the habitual offender provisions in Iowa Code 902.8 and 902.9 do not apply to OWI, third and subsequent offenses.
After he was sentenced, Noll filed a motion to correct an illegal sentence arguing that the statutory scheme did not allow him to be sentenced as a habitual offender. The district court denied the motion. The Supreme Court vacated the sentence, holding that Iowa Code 321J.2(5) prescribes the maximum and minimum sentence for OWI, third and subsequent offenses, and therefore, the habitual offender sentence contained in sections 902.8 and 902.9 did not apply to Noll.
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