State v. Bratthauer

McCORMICK, Justice.

Defendant Daryl Lloyd Bratthauer appeals his conviction by jury and sentence for operating a motor vehicle while intoxicated (OWI), third offense, in violation of Iowa Code section 321.281(1) (1983). He asks us to hold that the trial court denied him due process under the fourteenth amendment of the United States Constitution by overruling his objection to an instruction permitting the jury to convict him on either of two theories of guilt. Because we find no merit in his objection to the instruction, we affirm the trial court.

The incident on which the prosecution was based…