Richard Eugene Noll v. Iowa District Court for Muscatine County

WIGGINS, Justice.

*233 The district court sentenced the certiorari plaintiff as a habitual offender for operating while intoxicated (OWI), third offense. The plaintiff filed a motion to correct an illegal sentence, claiming his sentence was illegal because the statutory scheme did not allow him to be sentenced as a habitual offender. The district court denied the plaintiff's motion. The plaintiff filed a notice of appeal and a brief. Under Iowa Rule of Appellate Procedure 6.108, we convert his appeal to a petition for writ of certiorari and grant the petition.

On the merits, we find Iowa Code…