State v. Miller

The defendant, Monzelle Miller, challenges her conviction for forgery by credit card and being an habitual offender. See Iowa Code §§ 715A.6, 902.8 (1997). The court of appeals affirmed her conviction, but preserved her ineffective-assistance-of-counsel claim for postconviction relief proceedings. On further review, we vacate the court of appeals decision and remand the case to the district court for dismissal of the charge.

I. Background Facts and Proceedings.

The State charged Miller with two counts of forgery by credit card on August 4, 1997. See Iowa Code §§ 715A.1, .6. In count I, the…