Legal Opinion

State v. Iowa District Court for Johnson County

Supreme Court of Iowa

Decided July 5, 2001No. 99-1836PublishedCited by 1 opinion

1Opinion of the Court

SNELL, Justice.

This case comes to us on further review from the court of appeals, where the district court’s opinion was upheld. Because we determine that a sentencing court has no authority to drop the third digit of an intoxilyzer reading, we vacate the decision of the court of appeals and sustain the writ. The case is remanded to the district court for resentencing.

I.Factual Background and Procedure

The facts providing the basis for this appeal are quite simple. A drunk driver, Seth Matthew Scott, provided two readings to Johnson County police on the night he was arrested. His preliminary…

2Cases cited18 opinions

  1. State v. ClineSupreme Court of Iowa · 2000
  2. State v. GrandberrySupreme Court of Iowa · 2000
  3. State v. Guzman-JuarezSupreme Court of Iowa · 1999
  4. Henriksen v. Younglove ConstructionSupreme Court of Iowa · 1995
  5. State v. FrancoisSupreme Court of Iowa · 1998

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3Cited by1 opinion

  1. State of Iowa v. Casey Edward LudinCourt of Appeals of Iowa · 2023

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