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STATE v. WOODY

No. 99-0301.

613 N.W.2d 215 (2000)

STATE of Iowa, Appellee, v. Dennis Allen WOODY, Appellant.

Supreme Court of Iowa.

July 6, 2000.

Attorney(s) appearing for the Case

Maria Ruhtenberg of Ruhtenberg Law Office, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Steven Johnson, County Attorney, and James W. Cleverley, Jr., Assistant County Attorney, for appellee.

Considered en banc.

LAVORATO, Justice.

Dennis Allen Woody appeals from his sentence as an habitual offender. He contends his trial counsel was ineffective because counsel failed to object to the use of the habitual-offender-sentencing statute. We vacate the sentence and remand for resentencing.

On July 10, 1998, the State filed a trial information, charging Woody with robbery in the first degree, a class B felony that carries a twenty-five-year prison term.

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