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State v. Kukowski10/7/2005
time as to permit a trial before a jury on the issue of the offender's identity with the person previously convicted.").
IV. Conclusion
The district court abused its discretion by refusing to allow Kukowski to withdraw his admission because the district court misinterpreted rule 2.19(9), and this misinterpretation prejudiced Kukowski. We do not reach Kukowski's constitutional arguments because the case can be resolved on non-constitutional grounds. See Williams, 695 N.W.2d at 30 (" e are constrained by our principles of self-restraint, including the longstanding rule that we will not decide constitutional questions when a case can be resolved on other grounds." (citing Dubuque & D.R. Co., 64 Iowa at 640, 21 N.W. at 120; Button, 622 N.W.2d at 485; Quintero, 480 N.W.2d at 51)). The judgment and conviction of third-offense OWI is reversed, and we remand the case for resentencing following further proceedings on the prior convictions.
REVERSED AND REMANDED.
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