State v. Sinclair

CARTER, Justice.

James Sinclair challenges his conviction and sentence for operating while intoxicated (OWI), first-offense, in violation of Iowa Code section 321J.2 (1995). He alleges that the trial judge erred in admitting evidence of phone calls made by defendant to his attorney after his arrest. He also claims the court made numerous sentencing errors. After reviewing the record and the arguments presented, we affirm defendant’s conviction but vacate his sentence and remand for re-sentencing.

On July 19, 1996, around 11:50 p.m., an Urbandale police officer clocked defendant’s car at…