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IN THE COURT OF APPEALS OF IOWA No. 8-333 / 07-1394 Filed May 29, 2008

STATE OF IOWA, Plaintiff-Appellee, vs. DONALD KEVIN NEWMAN, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge.

Defendant appeals from his convictions for delivery of a controlled substance as a second or subsequent offender. AFFIRMED.

Angela Campbell of Dickey & Campbell Law Firm, Des Moines, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, John P. Sarcone, County Attorney, and Stephanie Cox, Assistant County Attorney, for appellee.

Considered by Sackett, C.J., and Huitink and Mahan, JJ.

2 MAHAN, J. Donald Newman appeals from the judgment and sentence entered on his guilty plea to delivery of a controlled substance as a second or subsequent offender. We affirm. I. Background Facts and Prior Proceedings On April 17, 2007, the State filed a trial information charging Newman with delivery of a controlled substance as a second and subsequent offender. See Iowa Code

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