State v. Squires

Clyde Edwin Squires challenges the sentence imposed upon his conviction, following a guilty plea, of second-offense operating while intoxicated (OWI) in violation of Iowa Code section 321J.2 (1993). He claims the trial court erred in failing to order a substance abuse evaluation prior to sentencing. The State argues Squires failed to preserve error by failing to object when the lack of a substance abuse evaluation became evident at sentencing. We affirm the judgment imposed on Squires’ conviction, but vacate the sentence and remand for resentencing.

I. Background Facts and Proceedings.

Squires…