State v. Soppe

REYNOLDSON, Chief Justice.

In this appeal we hold a deferred judgment for operating a motor vehicle while intoxicated (OWI), granted before the statutory amendment to Iowa Code section 321.281 that permitted such proceedings to be counted as a prior violation for enhanced punishment, may not be used for that purpose. Even though this was the basic ruling of the trial court, we reverse because of the unusual posture of the appeal, and remand with directions.

The facts are not in dispute. August 13, 1984, defendant Robert H. Soppe was charged by trial information with OWI, second offense, in…