State v. Rice

VOGEL, Presiding Judge.

Travis Rice pled guilty to eluding in violation of Iowa Code section 321.279 (2001) and operating while intoxicated, second offense, in violation of section 321J.2. He was sentenced separately on each count. Rice now argues operating while intoxicated was a lesser included offense of eluding and that the two convictions should have been merged pursuant to section 701.9. Upon our review for correction of errors at law, State v. Bullock, 638 N.W.2d 728, 731 (Iowa 2002), we affirm.

A person convicted of eluding for failing to appropriately yield to authorities commits only…