Opinion
No. 13–0396.
2014-04-30
Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. A defendant appeals his judgment and sentence for possession of a controlled substance, third or subsequent offense. He contends the district court: (1) failed to hold trial on his multiple or habitual offender status within the speedy-trial deadline and (2) should have sentenced him to an aggravated misdemeanor rather than a class “D” felony. AFFIRMED. Samuel M. Degree of Drake Law Firm, P.C., Dubuque, for appellant. Thomas J. Miller, Attorney General, Mary A. Triick, Assistant Attorney General, Ralph Potter, County Attorney, and Timothy Gallagher, Assistant County Attorney, for appellee State.