State v. Iowa District Court for Mahaska County

SNELL, Justice.

This writ of certiorari questions the district court’s ability to suspend a sentence to the department of corrections for Operating While Intoxicated (OWI), Third Offense without requiring a mandatory minimum of thirty days served in the county jail. We hold that the applicable statute authorizes such a suspension and annul the writ.

I. Factual Background and Proceedings

The circumstances of this appeal began when Daryl Kent Beyer pled guilty to OWI third. Beyer had two precedent OWI convictions within the applicable time period to elevate his conviction to a third offense. OWI…