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State v. Schabilion1/9/2002
Appeal from the Iowa District Court for Johnson County, Kristin L. Hibbs, Judge.
Thomas Schabilion appeals from his judgment and sentence following a guilty plea to operating while intoxicated (OWI) third offense as an habitual offender in violation of Iowa Code sections 321J.2 and 902.8 (1999).
AFFIRMED.
Thomas Schabilion appeals from the judgment and sentence entered following his guilty plea to operating while intoxicated (OWI) third offense as an habitual offender in violation of Iowa Code sections 321J.2 and 902.8 (1999). He claims the district court failed to state adequate reasons on the record for his sentence and that his plea and sentence should be set aside because of misinformation regarding one of his prior OWI convictions. We affirm.
I. BACKGROUND FACTS AND PROCEEDINGS
Schabilion's claims do not involve any dispute over the facts involved in the incident which led to the charges against him. Schabilion went to a bar in Iowa City just before midnight on November 2, 2000 with his girlfriend. His girlfriend stayed in his truck while he went inside the bar to drink. While Schabilion was inside his girlfriend leaned out of the truck to vomit, passed out, and fell out of the truck onto her face injuring herself. An ambulance was called and officers came in response to the medical emergency call and transported her to the hospital. Officer Lippold was one of the officers called to the scene to investigate the emergency call. While investigating the call Lippold went into the bar and spoke with Schabilion. Lippold observed Schabilion was intoxicated and told him that his girlfriend was being taken to the hospital but that under no circumstances was Schabilion to drive. Schabilion agreed he was drunk and said he would take a cab.
The officers remained in the area because they were concerned Schabilion would drive. Schabilion came out of the bar a couple times and eventually did get into his truck about twenty minutes later and drove it into an alley. The officers stopped Schabilion and asked him to provide a preliminary breath test which he refused. He was also unable to complete the field sobriety tests and upon checking his license the officers realized Schabilion's driving privileges were barred. Thus, the officers took Schabilion into custody, read the implied consent advisory to him, and transported him to the police station for a breath test. The result of the test showed a blood alcohol level of 0.156.
Evidence in the minutes of evidence also showed Schabilion had prior convictions for OWI on February 27, 1990, on February 9, 1995, and on May 18, 1995. The first and third were third offense OWI's and thus were felonies. The second was a Scott County conviction for second offense OWI. In addition Schabilion had been convicted of possession with intent to deliver cocaine in 1996, also a felony. The State therefore charged Schabilion with third offense OWI in violation of Iowa Code section 321J.2 (1999) as an habitual offender pursuant to section 902.8, and for driving while barred in violation of Iowa Code section 321.561.
Pursuant to a plea agreement Schabilion pled guilty to third offense OWI as an habitual offender and the State dismissed the driving while barred charge. The court sentenced Schabilion to an indeterminate fifteen-year term and imposed the minimum fine of $2500 for OWI third offense. Because Schabilion pled guilty as an habitual offender he was subject to the three-year mandatory minimum sentence under section 902.8.
Schabilion appeals from this conviction and sentence contending the district court did not give an adequate statement of reasons for the imposition of
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