State v. Peters

LAVORATO, Justice.

The principle issue in this appeal is whether the State can charge one who is operating a snowmobile while intoxicated with a violation of Iowa Code section 321J.2 (1991) (prohibiting operating motor vehicle while intoxicated) even though a separate statute prohibits such conduct. See Iowa Code § 321G.13(3) (prohibiting operating snowmobile while intoxicated). The district court thought so, and in a bench trial on stipulated facts convicted Mitch E. Peters of violating section 321J.2.

Peters appeals his conviction and sentence, contending that the district court erred in…