State v. Cooper

LARSON, Justice.

Defendant Cooper was accused of theft of property not exceeding fifty dollars in value, a simple misdemeanor. Iowa Code § 714.2(5). Here, however, because of two prior convictions for theft, she was charged under section 714.2(3) (1983) which permits a charge of theft in the third degree, an aggravated misdemeanor, for theft “by one who has before been twice convicted of theft.” The district court here found that at the time of both prior convictions, Cooper was indigent and not advised of her right to appointed counsel. On both occasions, the court had been advised the state…