State v. Hildebrand

REYNOLDSON, Chief Justice.

Defendant Dorothy Faye Hildebrand appeals from judgment entered upon her OM-VUI conviction. She asserts trial court abused its discretion in refusing to defer sentence because of a personal, fixed policy to deny deferral when an accident accompanies the violation. We vacate the judgment and remand for resentencing.

The State does not dispute defendant’s version of the facts. April 18, 1978, defendant was arrested for OMVUI, a violation of section 321.281, The Code 1979, after driving into a parked car in Davenport. Following her guilty plea a presentence investigation…