State v. Schultz

CADY, Justice.

This appeal requires us to determine whether Iowa Code section 707.6A(6) (1997) precludes the State from using a prior conviction for vehicular homicide based upon the operation of a motor vehicle while intoxicated (OWI) to elevate a subsequent OWI charge to a second offense. The district court held the State was precluded from using a prior vehicular homicide conviction as a prior conviction for an OWI second offense, and dismissed the trial information. We reverse and remand.

I. Background Facts and Proceedings.

Jon Schultz was arrested and charged with OWI, second offense, in…