State v. Conley

McCORMICK, Justice.

Defendant appeals his sentence as an habitual criminal under Code § 747.5. The determinative question, one of first impression in this state, is whether the statute is applicable when both of the prior offenses involved were committed before defendant was convicted and sentenced for either of them. Trial court held it is. We reverse and remand because we hold it is not.

Code § 747.5 provides:

“Whoever has been twice convicted of crime, sentenced, and committed to prison, in this of any other state, or by the United States, or once in this state and once at least in any other…