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STATE v. SIMMONS

No. 92-735.

500 N.W.2d 58 (1993)

STATE of Iowa, Appellee, v. John Frederick SIMMONS, Appellant.

Supreme Court of Iowa.

May 19, 1993.

Attorney(s) appearing for the Case

John M. Bjornstad of Cornwall, Avery, Bjornstad & Scott, Spencer, for appellant.

Bonnie J. Campbell, Atty. Gen., Bridget A. Chambers, Asst. Atty. Gen., Michael L. Zenor, County Atty., and J.P. Greer, Asst. County Atty., for appellee.

Considered by LARSON, P.J., and SCHULTZ, NEUMAN, SNELL, and ANDREASEN, JJ.

SCHULTZ, Justice.

Defendant John Frederick Simmons was convicted of the offense of public intoxication, second offense, in violation of Iowa Code sections 123.46(2) and .91.1 Prior to trial, defendant moved to adjudicate law points arguing that the previous conviction could not be used to enhance the penalty on the present offense because it had been exonerated and expunged pursuant to Iowa Code section 123.46(4). The trial court disagreed...

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