Court of Appeals of Iowa February 12, 2003, 02-0945 (State v. Rice)

VOGEL, Presiding Judge.

Travis Rice pled guilty to eluding in violation of Iowa Code section 321.279 (2001) and operating while intoxicated, second offense, in violation of section 321J.2. He was sentenced separately on each count. Rice now argues operating while intoxicated was a lesser included offense of eluding and that the two convictions should have been merged pursuant to section 701.9.