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State v. Brooks

Court of Appeals of Iowa

April 17, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
RANDALL LEE BROOKS, Defendant-Appellant.

          Appeal from the Iowa District Court for Warren County, Randy V. Hefner (trial and post-trial motions), Judge, and Kevin Parker (sentencing), District Associate Judge.

         Randall Lee Brooks appeals his conviction for driving while barred as a habitual offender.

          S.P. DeVolder of The DeVolder Law Firm, P.L.L.C., Norwalk, and Trever Hook of Kutmus, Pennington & Hook, West Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Thomas J. Ogden, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.

          DOYLE, JUDGE.

         The Iowa Department of Transportation (DOT) mailed Randall Lee Brooks an "Official Notice" dated May 22, 2013, stating:

You are hereby notified that effective 04-08-14 your privileges to operate motor vehicles are barred under the provisions of Section(s) 321.560 of the Code of Iowa THROUGH 04-06-18.
This action is being taken due to the records of the Department indicate you are a HABITUAL OFFENDER of the traffic laws as defined by Iowa Code Section 321.555. Violations: Driving While Suspended, Denied, Cancelled, Revoked on 02-05-2011, Driving While Barred on 06-10-2011, Driving While Barred on 12-30-2012.
Surrender your Iowa driver's license to the address above.
YOU MAY BE PROSECUTED FOR FAILURE TO SURRENDER YOUR LICENSE.
Iowa law provides you are entitled to an appeal of this action. If you choose to request an appeal, you must submit a written request on or before 06-16-13. Your request must include your full name, driver's license number, current address, and telephone number and be sent or delivered to the address above. A request for appeal has been included on this form.
. . . .
WARNING: Effective 04-08-14 you are not entitled to operate any motor vehicle in this state until you have received an official notice from ...

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