State v. Plowman

Duane Plowman appeals from his conviction and sentence for third-offense operating while intoxicated (OWI) in violation of Iowa Code section 321J.2 (2005). Plowman contends the district court entered an illegal sentence against him by sentencing him to third-offense OWI, rather than second-offense. We affirm.

I.Background Facts and Proceedings.

Plowman was arrested for OWI on December 7, 2005. Because Plowman had previous convictions for OWI entered on December 7, 1993, and April 2, 1996, the State charged Plowman with third-offense OWI. Plowman filed a motion for adjudication of law points in…