State of Iowa
v.
Curt Douglas Steffen
Appellee
State of Iowa
Appellant
Curt Douglas Steffen
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
Sharon D. Hallstoos
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge. DISTRICT COURT JUDGMENT REVERSED IN PART AND CASE REMANDED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Tabor, J. (6 pages)
The defendant challenges the adequacy of the court’s colloquy when he stipulated to a prior operating while intoxication (OWI) conviction to enhance the current conviction for second-offense OWI. The court did not mention the prior OWI was valid for enhancement only if the defendant had been represented by counsel or knowingly waived the right to counsel. The defendant also alleges the colloquy did not adequately advise him of the applicable penalties for owi second offense. OPINION HOLDS: Because the colloquy did not comply with the requirements clarified in State v. Harrington, 893 N.W.2d 36 (Iowa 2017), State v. Brewster, 907 N.W.2d 489 (Iowa 2018), and State v. Smith, 924 N.W.2d 846 (Iowa 2019), we reverse the judgment entered on the OWI second offense and remand for further proceedings.
