State v. Stoen

TERNUS, Justice.

The defendant, Kyle Stoen, was convicted of operating a motor vehicle while intoxicated (OWI) in violation of Iowa Code section 321J.2(1) (1997). 1 He challenges the classification of his conviction as a third offense for purposes of sentencing under section 321J.2(2)(c). Stoen claims the trial court erred in applying the 1997 amendments to section 321J.2, which allow the court to consider any OWI convictions within the prior twelve years in determining whether the current violation is a second or subsequent offense. See 1997 Iowa Acts ch. 177, § 4 (codified at Iowa Code §…