State v. Gordon

TERNUS, Chief Justice.

The appellant, Benjamin Gordon, challenges his sentence as a habitual offender on the charge of criminal mischief in the second degree. He claims the prior felony convictions proven by the State are insufficient to warrant application of the habitual-offender statute. We agree and remand for resentencing on the conviction of second-degree criminal mischief.

I. Background Facts and Proceedings.

Gordon was charged by trial information with one count of criminal mischief in the second degree, a class “D” felony. See Iowa Code § 716.4 (2003) (defining offense of criminal…