State v. Hopkins

LAVORATO, Justice.

Pamela Sue Hopkins appeals from her conviction and sentence for operating while intoxicated. See Iowa Code § 321J.2(1) (1995). She contends the evidence was not sufficient to support her conviction. She also contends her counsel was ineffective because he did not object to a jury instruction defining “operate” and “operating.” We affirm.

I. Background Facts and Proceedings.

On September 26, 1995, Robert Niemeier saw a van passing slowly in front of his Rowley, Iowa farm. About a half block from Niemeier, the ear stopped on the shoulder of the gravel road. Niemeier put the time…