State v. Weber

Scott Alan Weber challenges the sentence imposed upon his conviction for third-offense operating while intoxicated (OWI) as an habitual offender in violation of Iowa Code sections 321J.2 and 902.8 (1993). He claims the court erred in failing to order a substance abuse evaluation prior to sentencing. The State maintains Weber waived error on this claim by failing to object at sentencing. Alternatively, the State claims the record before the court amounted to the equivalent of an evaluation. We believe the court committed no reversible error in failing to order the evaluation because Weber’s…