OWI Third-Habitual Offender Draws Resentencing Order

State v. Iowa District Court, Harrison County/State v. Donelson, No. 05-1472 (Iowa Ct. App. Nov. 30, 2006). Donelson was sentenced to a five year indeterminate sentence for OWI 3rd as an habitual offender. The State appealed. It was found that Iowa Code section 902.9(5) precludes imposition of this term of imprisonment for habitual offenders. In particular, 902.9(3) provides for imprisonment of habitual offenders for not more than fifteen years.
The district court had no discretion to impose a lower sentence.