State v. Hepburn

HARRIS, Justice.

Defendant William Hepburn, Jr., appeals his conviction of operating a motor vehicle while under the influence of an intoxicating beverage, second offense, in violation of § 321.281, The Code. He challenges a jury instruction and the propriety of a trial court ruling by which the same jury that had found him guilty of the principal of fense reconvened to consider the State’s claim of a prior conviction. We affirm the trial court.

The facts surrounding defendant’s arrest are not at issue in this appeal. Defendant limits his challenge to the two assignments of error.

I. Over…