State v. Murphy

NEUMAN, Justice.

Defendant Robert Dean Murphy appeals his conviction, following jury trial, for the crime of operating while intoxicated (OWI), fourth offense. See Iowa Code § 321J.2 (1987). His principal contention concerns the admissibility of field sobriety test results for horizontal gaze nystagmus. We affirm.

The jury could have found the following facts. In mid-afternoon on August 19, 1988, a Des Moines police officer was following Murphy’s vehicle when he observed it swerve left of the center line in the 2200 block of East Walnut Street. After observing the vehicle swerve again across…