State v. Allen

Defendant, Alfred Allen, appeals from a district court order that amended the sentence imposed following his guilty plea to third-offense operating while intoxicated (OWI), in violation of Iowa Code section 321J.2 (1997). The court increased the sentence from an indeterminate five-year term of incarceration to an indeterminate fifteen-year term to reflect that Allen had also pleaded guilty to being an habitual offender. See Iowa Code §§ 902.8, 902.9(2). Allen contends the court could not increase his sentence, which he had already begun to serve, without violating the constitutional…