Supreme Court of Iowa· 5/18/2007

State v. Gordon

Citations

732 N.W.2d 41
2007 Iowa Sup. LEXIS 65
2007 WL 1453514

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

finding that where the defendant’s prior convictions were not sufficient to classify him as a habitual offender, he could challenge the imposition of an habitual-offender status as an illegal sentence
recognizing a defendant does not plead guilty to a sentencing enhancement; the defendant pleads guilty to the underlying crime and then admits previous convictions that may trigger the enhancement at sentencing
stating illegal sentences are “not subject to the usual concepts of waiver, whether from a failure to seek review or other omissions of error preservation”
rejecting the State’s request to be allowed to amend the trial information to allege other prior felony convictions because “the prosecution is not entitled to a second bite of the apple to remedy its failure of proof”
“The defendant did not plead guilty to being a habitual offender; he pled guilty to second-degree criminal mischief and admitted his previous convictions.”
“[H]abitual-offender status is not a separate offense; it is simply a sentencing enhancement.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Ternus, Hecht, Appel

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Cites

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