State of Iowa
v.
Kyle Jaymez Bigbear
Appellee
State of Iowa
Appellant
Kyle Jaymez Bigbear
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge. AFFIRMED. Heard at oral argument by Tabor, C.J., and Ahlers and Langholz, JJ. Opinion by Ahlers, J. (10 pages)
Kyle Bigbear was convicted of eluding while exceeding the speed limit by twenty-five miles per hour or more, a class “D” felony. He stipulated to having at least two prior felony convictions, subjecting him to sentencing as a habitual offender. On appeal, Bigbear challenges the district court’s denial of his motion to suppress and argues that his stipulation to the habitual offender enhancement was involuntary and unintelligent. OPINION HOLDS: Bigbear failed to preserve error on his challenge to the motion to suppress. His stipulation to the habitual offender enhancement was not rendered involuntary or unintelligent by the district court’s failure to advise him of his eligibility for probation or that no fine could be imposed. For these reasons, we affirm.
