State v. Maher

SNELL, Justice.

This is an appeal for discretionary review of the district court’s finding that 1999 Iowa Acts ch. 153, section 25 is ambiguous. The district court concluded that the defendant’s conviction for OWI should not be enhanced by his two previous OWI convictions which occurred within twelve years. The defendant’s conviction was reduced to OWI First. On review, we find error was committed by the district court. We reverse and remand for a determination consistent with this opinion.

I. Background Facts and Proceedings

On May 24, 1999, William Patrick Maher was found guilty of Operating…