STATE v. HOLLINS

No. 64879.

310 N.W.2d 216 (1981)

STATE of Iowa, Appellee, v. Clyde HOLLINS, Appellant.

Supreme Court of Iowa.

September 23, 1981.


Attorney(s) appearing for the Case

Jorge Gomez, Jr. of Gomez, Feuerbach, May & Pries, Davenport, for appellant.

Thomas J. Miller, Atty. Gen., Shirley Ann Steffe, Asst. Atty. Gen., and William E. Davis, Scott County Atty., for appellee.

Considered by LeGRAND, P. J., and HARRIS, McCORMICK, ALLBEE, and LARSON, JJ.


HARRIS, Justice.

In State v. Conley, 222 N.W.2d 501, 503 (Iowa 1974), we interpreted our then-existing recidivism statute, section 747.5, The Code 1973. We held that, in order to invoke the provisions of that statute and impose sentence as such upon an habitual offender, the "first conviction and imposition of sentence must precede the second offense and that both of the prior convictions and impositions of sentence must...

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