State v. Thomas, 275 N.W.2d 422 (Iowa 1979). · Go Syfert
State v. Thomas, 275 N.W.2d 422 (Iowa 1979). Cases Citing This Book View Copy Cite
“the issue here is whether these two convictions, having arisen out of the same acts, constitute only one offense.... we must determine what the legislature intended by 'separate and distinct offenses.”
45 citation events (20 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Baudler (iowa, 1984-05-16)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Baudler
Iowa · 1984 · quote attribution · 1 verbatim quote · confidence high
the issue here is whether these two convictions, having arisen out of the same acts, constitute only one offense.... we must determine what the legislature intended by 'separate and distinct offenses.
examined Cited as authority (rule) Beecher Store, Inc. v. Iowa Department of Revenue Alcoholic Beverages Division (3×) also: Cited "see", Cited "see, e.g."
Iowa · 2026 · confidence medium
Id. at 400–01 (explaining a statute “aimed at repeated acts or persistent conduct . . . ‘ordinarily rule[s] out the separate use of two convictions which arose out of the same acts.’ ” (quoting State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979) (en banc))).
discussed Cited as authority (rule) State v. Freeman (2×)
Iowa · 2005 · confidence medium
State v. Thomas, 275 N.W.2d 422, 422-23 (Iowa 1979).
discussed Cited as authority (rule) Iowa Department of Transportation v. Iowa District Court for Poweshiek County
Iowa · 1995 · confidence medium
The purpose of the habitual traffic offender statute is “ ‘to protect the public from those drivers who refuse to observe the rules of prudence and safety.’” Peterson, 347 N.W.2d at 402 (quoting State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979)).
discussed Cited as authority (rule) State v. Wilhere
Del. Super. Ct. · 1994 · confidence medium
The Iowa Supreme Court, while interpreting what the Iowa legislature intended by “separate and distinct offenses” in that state’s habitual offender statute (containing language identical to 21 Del.C. § 2802(1)), emphasized the “significant difference in the philosophy behind habitual criminal statutes generally and those dealing with driving violations.” State v. Thomas, Iowa Supr., 275 N.W.2d 422, 423 (1979) (holding that multiple offenses arising out of the same acts constituted “separate and distinct” offenses).
discussed Cited as authority (rule) State v. Garner
Iowa · 1991 · confidence medium
Our decision in Baudler rested on an earlier case, State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979), in which we held that the habitual offender statute “focuses on the number of convictions rather than on the persistency of the conduct.” We decided that offenses occurring simultaneously, such as driving recklessly and while under suspension, meet the test of accumulated offenses as surely as those collected on different days.
discussed Cited as authority (rule) State v. Tuitjer
Iowa · 1986 · confidence medium
State v. Peterson, 347 N.W.2d 398, 402 (Iowa 1984) (relying in part on purpose of statute in upholding consideration of out-of-state convictions of driving while intoxicated); State v. Marvin, 307 N.W.2d 10, 12 (Iowa 1981) (relying on purpose of habitual offender provisions in harmonizing them with provisions of § 321.281 affecting driving privileges); State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979) (two convictions arising out of same incident may constitute two offenses for purpose of habitual offender provisions, which are “designed to protect the public from those drivers who refuse to…
cited Cited as authority (rule) Patchette v. State
Iowa · 1985 · confidence medium
In State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979), for example, we held that separate traffic offenses committed simultaneously may be used to establish an habitual offender status.
cited Cited as authority (rule) Bockelman v. State, Department of Transportation
Iowa · 1985 · confidence medium
State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979).
discussed Cited as authority (rule) State v. Peterson (2×)
Iowa · 1984 · confidence medium
As we said in State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979), this statute "is designed to protect the public from those drivers who refuse to observe the rules of prudence and safety." The State's interpretation fulfills that important purpose.
cited Cited as authority (rule) State v. Cobb
Iowa · 1981 · confidence medium
State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979).
cited Cited as authority (rule) State, Department of Transportation v. Marvin
Iowa · 1981 · confidence medium
State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979).
discussed Cited as authority (rule) State v. Conner (2×) also: Cited "see"
Iowa · 1980 · confidence medium
Section 701.2 defines public offense as “that which is prohibited by statute and is punishable by fine or imprisonment.” That definition supplies the meaning of “public offense” in subsection 707.5(1). § 702.1, Supplement to the Code 1977;- see State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979) (the legislature is its own lexicographer). .
discussed Cited "see" State v. Funke
Iowa · 1995 · signal: see · confidence high
See State v. Peterson, 347 N.W.2d 398, 402 (Iowa 1984) (Section 321.555 “is designed to protect the public from those drivers who refuse to observe the rules of prudence and safety.”) (quoting State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979)); accord State v. Pettit, 360 N.W.2d 833, 836 (Iowa 1985) (statute keeping habitual offenders off the road directed at public safety *127 more than punishment); see also Danner v. Hass, 257 Iowa 654, 662 , 134 N.W.2d 534, 540 (1965) (habitual offender suspension designed to alleviate hazards associated with highway dangers).
cited Cited "see" State v. Schmitt
Iowa · 1980 · signal: see · confidence high
See State v. Thomas, 275 N.W.2d 422,423 (Iowa 1979) (the legislature is its own lexicographer).
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellant,
v.
Susan Kathleen THOMAS, Appellee
61878.
Supreme Court of Iowa.
Feb 21, 1979.
275 N.W.2d 422
Thomas J. Miller, Atty. Gen., and Jim P. Robbins, County Atty., for appellant., No appearance for appellee.
Legrand, Uhlenhopp, Uhlen-Hopp.
Cited by 20 opinions  |  Published

Lead Opinion

LeGRAND, Justice.

In this case Susan Kathleen Thomas was alleged to be an habitual traffic offender under § 321.555(1), The Code. The state accordingly asked that her driving privileges be suspended. The trial court ruled for defendant and dismissed the state’s petition. The state .appeals and we reverse.

The statute in question (§ 321.555(1)) provides as follows:

“As used in this division, ‘habitual offender’ means any person who has accumulated convictions for separate and distinct offenses described in subsections 1, 2, or 3 * * * as follows:
(1) Three or more convictions within a six-year period, of the following offenses, either singularly or in combination:
* * * * j|c *
b. Driving a motor vehicle while under the influence of an alcoholic beverage or a controlled substance as defined in § 204.101.
c. Driving a motor vehicle while operator’s or chauffeur’s license is suspended or revoked.
* * * * * *
g. A violation of the traffic laws, except parking regulations, committed during a period of suspension or revocation.”

Defendant was convicted of three violations within a six-year period as follows: February 23, 1976, conviction for OMVUI; April 8, 1977, conviction for reckless driving; and October 24, 1977, conviction for driving while her license was under suspension.

Defendant does not deny any of these convictions but says the last two are not[*423] “separate and distinct” offenses because they arose out of the same events. When she was arrested for reckless driving, her driver’s license was under suspension. She was charged with and convicted of both violations — reckless driving ' (the April 8, 1977 conviction) and driving while her license was under suspension (the October 24, 1977 conviction).

The issue here is whether these two convictions, having arisen out of the same acts, constitute only one offense. If so, defendant has only two, instead of the required three, convictions. This is the basis upon which the trial court held for defendant.

We must determine what the legislature intended by “separate and distinct offenses.” We decided another case involving this statute in State v. Dague, filed January 24,1979, but it did not touch the same issue which now confronts us.

Basic to our determination is the rule that the legislature is its own lexicographer. Cedar Rapids Community School District v. Parr, 227 N.W.2d 486, 495 (Iowa 1975). For present purposes, “habitual offender” means what the legislature says it means in § 321.555(1). As the trial court pointed out, the common definition of “habitual” involves the notion of repeated acts and persistent conduct. Perhaps, as the trial court found, this would ordinarily rule out the separate use of two convictions which arose out of the same acts.

However, the statute defines habitual offender as one who has accumulated three convictions for separate and distinct offenses. It focuses on the number of convictions rather than on the persistency of the conduct. It seems clear that reckless driving and driving with a suspended driver’s license are separate and distinct, even though occurring simultaneously.

The trial court relied on State v. Murray, 200 Kan. 526, 437 P.2d 816, 820 (1968); State v. Sanchez, 87 N.M. 256, 531 P.2d 1229, 1231 (N.M.App.1975); State v. Sortor, 10 Or.App. 316, 499 P.2d 1370, 1372 (1972); State v. Simpson, 152 Wash. 389, 277 P. 998, 999 (1929). While these cases all deal with habitual offender statutes, none is concerned with driving violations. One other state has reached the same conclusion we do under virtually identical facts. Estes v. Commonwealth, 212 Va. 23, 181 S.E.2d 622, 624 (1971).

We believe there is a significant difference in the philosophy behind habitual criminal statutes generally and those dealing with driving violations. In the former, the primary concern is rehabilitation. See State v. Conley, 222 N.W.2d 501, 503 (Iowa 1974). In the latter, the statute is designed to protect the public from those drivers who refuse to observe the rules of prudence and safety.

We believe the state was right in arguing the legislature intended three convictions within six years to be grounds for suspension without the added condition that each must occur at a different time. Accordingly, we believe the trial court erred and the judgment is reversed with instructions that the judgment be entered suspending defendant’s driving privileges as provided in §§ 321.559 and 321.560, The Code.

REVERSED.

All Justices concur except UHLEN-HOPP, J., who dissents.

Dissent

UHLENHOPP, Justice

(dissenting).

Suppose that on a single occasion a person with no previous convictions for driving violations operates a car (1) while intoxicated, (2) in excess of the statutory limit, and (3) while his driver’s license is suspended, and is convicted of all three offenses. Under the court majority’s construction of § 321.555(1), this hypothetical driver would be an instant habitual offender. I agree with the District Judge that a person who commits simultaneous offenses is not an “habitual” offender. “Habitual” connotes more than a single occasion. It means “customary” or “usual.” Webster’s Third New International Dictionary (1961). I would therefore affirm the judgment.