 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Kukowski10/7/2005
Appeal from judgment and sentence for operating while intoxicated, third offense, claiming the district court improperly conducted the enhancement proceedings under Iowa Rule of Criminal Procedure 2.19(9). REVERSED AND REMANDED.
In this appeal from a judgment and sentence for third-offense operating while intoxicated, we review a challenge to the procedure governing the imposition of an increased penalty when a defendant has prior convictions and is found guilty of the current offense. We conclude the district court abused its discretion in failing to permit the defendant to withdraw an affirmation of a prior conviction after the district court required the defendant to personally affirm or deny the previous convictions charged by the State. We reverse and remand for further proceedings.
I. Background Facts and Proceedings
Timothy Kukowski was found guilty following a jury trial of operating while intoxicated (OWI), in violation of Iowa Code section 321J.2(1), (2)(c) (2003). He was charged with third-offense OWI, based on two prior convictions. The first prior OWI conviction allegedly occurred in Oregon on October 4, 1995. The second prior OWI conviction allegedly occurred in Oregon on April 22, 1996. However, the trial was confined to the facts of the current charge.
Immediately after the jury returned its guilty verdict on the current offense, and while the jury was still seated in the courtroom, the following exchange took place:
THE COURT: Okay. At this time, then, the Court is required to ask the defendant if he is the same Timothy Will Kukowski who was previously convicted in Douglas County District Court, in the State of Oregon, for Driving Under the Influence in case number 96CR0826FE on April 22, 1996?
(An off-the-record discussion was held between defense counsel and defendant.)
[DEFENSE COUNSEL]: Your Honor, is this something that has to be done in front of the jury?
THE COURT: Well, it has to be done in open court, and so I think that he does need to answer in front of the jury.
[DEFENSE COUNSEL]: I would like to enter a denial for him.
THE COURT: Well, I have to ask the defendant directly, according to the rule. Mr. Kukowski, are you the same Timothy Will Kukowski who was previously convicted in Douglas County District Court, in the State of Oregon, for Driving Under the Influence in case number 96CR0826FE on April 22, 1996?
THE DEFENDANT: I'm not sure.
THE COURT: Okay. Are you the same Timothy Will Kukowski who was previously convicted in Douglas County District Court, in the State of Oregon, for Driving Under the Influence in case number 94Z2831 on October 4, 1995?
THE DEFENDANT: Yes.
THE COURT: You are the same?
THE DEFENDANT: '95.
THE COURT: In 1995. Okay. With respect to that conviction, were you represented by counsel?
THE DEFENDANT: Yes.
THE COURT: Okay. With respect to your response that you're not sure, I will take that as a denial and assume you want a trial on that issue. Mr. Tindal, does your client want the same jury reconvened to hear the trial of that issue?
[DEFENSE COUNSEL]: No.
The court then dismissed the jury.
Kukowski later waived a jury trial on the prior convictions and consented to a bench trial. Prior to trial, his attorney moved to withdraw Kukowski's admission to the 1995 conviction. Kukowski claimed the procedure used by the court to obtain the admission was flawed because it did not allow his attorney to respond to the court's inquiry and because the court failed to engage in
Page 1 2 3 4 5 6 Iowa DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|