State of Iowa v. Gilberto Morales Chavez
State of Iowa v. Gilberto Morales Chavez
Opinion
Gilberto Morales Chavez appeals from his conviction for operating while intoxicated (OWI), third offense, a class "D" felony, in violation of Iowa Code section 321J.2(2)(c) (2017). Chavez contends there is not substantial evidence to establish his prior OWI convictions.
Our review of sufficiency-of-the-evidence claims is for correction of errors at law.
State v. Thomas
,
Chavez stipulated to a trial on the minutes of evidence in this matter. The minutes of evidence provide the Polk County Clerk of Court would testify Chavez was convicted of OWI on October 16, 2008, in case number OWOM065667 and was represented by counsel or knowingly waived the right to be represented during the proceedings. The minutes also provide the Pottawattamie County Clerk of Court would testify Chavez was convicted of OWI on April 1, 2015, in case number OWMG150568 and was represented by counsel or knowingly waived the right to be represented during the proceedings. Additionally, the minutes of evidence provide officers from Polk and Pottawattamie Counties would testify Chavez was the defendant in those prior OWI cases. The minutes of evidence specifically set forth the details of Chavez's prior OWI convictions including the case numbers, dispositions, and dates of the convictions; list as witnesses the county clerks of court that had care, custody, and control over the conviction records; state certified copies of the court records and documents would be offered into evidence to establish Chavez's prior convictions; and provide officers would proffer testimony to further identify Chavez as the individual convicted of OWI in the prior cases. There is substantial evidence supporting Chavez's conviction for OWI, third offense.
To the extent Chavez contends he was entitled to an additional trial on the issue of prior offenses, such a requirement was waived by Chavez's consent to a trial on the minutes.
See
State v. Chandler
, No. 16-0925,
Our supreme court previously noted the requirements of the trial court when a defendant stipulates to a bench trial on the minutes of evidence:
If a defendant intends to plead guilty, a trial court must adhere to the guilty plea procedures set forth in Iowa Rule of Criminal Procedure [2.8(2)(b) ]. If a defendant is in fact stipulating to a bench trial on the minutes, then a trial court must (1) verify that the defendant has waived his right to a jury trial in accordance with Iowa Rule of Criminal Procedure [2.17(1) ]; (2) confirm the extent of the factual record to which the parties are stipulating; and (3) "find the facts specially and on the record," separately state its conclusion of law, and render an appropriate verdict as is required by Iowa Rule of Criminal procedure [2.17(2) ].
State v. Sayre
,
We conclude there is substantial evidence of Chavez's prior convictions and the trial court properly followed the procedure for a bench trial on the minutes. We affirm.
AFFIRMED.
We note our supreme court has recently held, "[T]he [S]tate must prove prior convictions in rule 2.19(9) proceedings in both habitual offender and repeat-OWI scenarios. We conclude the rationale for the rule adopted in
Harrington
applies with equal force to proceedings in which repeat-OWI-offender enhancements are at issue."
State v. Brewster
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.