Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Brewster

Supreme Court of Iowa

February 9, 2018

STATE OF IOWA, Appellee,
v.
CLARK ANDREW BREWSTER, Appellant.

          Appeal from the Iowa District Court for Linn County, Jane F. Spande, Judge.

         A defendant challenges his conviction for OWI, second offense, contending his stipulation to a prior conviction was neither voluntary nor knowing. DISTRICT COURT JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.

          Mark C. Smith, State Appellate Defender, and Nan Jennisch, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, Tyler J. Buller, Assistant Attorney General, Jerry Vandersanden, County Attorney, and Monica Slaughter, Assistant County Attorney, for appellee.

          HECHT, Justice.

         The defendant was convicted of operating while intoxicated (OWI), second offense, after he stipulated that he had previously been convicted of OWI. On appeal, he challenges his conviction and sentence for OWI, second offense, claiming the district court failed to engage in a sufficient colloquy to ensure the stipulation was made voluntarily and intelligently and his trial counsel was ineffective in failing to challenge the factual basis for the stipulation. Upon review, we conclude the prior-conviction stipulation colloquy was insufficient to establish the stipulation was made voluntarily and intelligently. Accordingly, we reverse the judgment of conviction and sentence on the OWI-second-offense charge and remand the case for prior-offense enhancement proceedings consistent with this opinion.

         I. Facts and Proceedings.

         Following a traffic stop on August 4, 2015, Clark Andrew Brewster was charged with OWI in violation of Iowa Code section 321J.2. The information alleged Brewster had one previous OWI conviction.

         The case was tried to a jury. After the final defense witness testified but before the case was submitted to the jury, the court conducted the following colloquy outside the presence of the jury:

THE COURT: I do need to make a brief record, and I think this is the best time to do so.
Mr. Brewster, you are charged with Operating While Under the Influence as a second offense.
THE DEFENDANT: Yes, ma'am.
THE COURT: The jury will be asked to decide in the event they find you guilty whether or not you are the same person who has previously been convicted of the offense of Operating While Under the Influence as alleged in the Trial Information unless you are willing to enter into a stipulation with regard to that prior conviction. Have you talked to your attorney about that fact?
(A discussion was held off the record.)
THE DEFENDANT: Yes, ma'am.
THE COURT: So you and [your counsel] have discussed the fact that the separate trial will be required to determine whether or not you had the prior conviction in the event the jury finds you guilty in this case?
THE DEFENDANT: Yes, ma'am.
THE COURT: My question to you at this time is whether or not you are willing to admit that you have previously been convicted of the offense of Operating While Under the Influence in Linn County within the past 12 years or whether or not you wish the jury to find ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.