State v. Ridout

REYNOLDSON, Chief Justice.

On March 14, 1983, defendant Bryan Du-Wayne Ridout was charged by trial information with third-offense operating while intoxicated (OWI), in violation of Iowa Code section 321.281. Defendant filed a motion to dismiss on the ground that one of the alleged prior offenses was a deferred judgment; consequently there were not two prior convictions as required by the statute and applicable case law. Trial court sustained the motion and dismissed the information, granting the State the right to refile within 20 days. The State then brought this appeal pursuant to Iowa Code…