STATE v. SOPPE

No. 84-1595.

374 N.W.2d 649 (1985)

STATE of Iowa, Appellant, v. Robert H. SOPPE, Appellee.

Supreme Court of Iowa.

September 18, 1985.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Rebecca L. Claypool, Asst. Atty. Gen., and James W. Herrig, Co. Atty., for appellant.

Charles L. Harrington, Appellate Defender, and Raymond E. Rogers, Asst. Appellate Defender, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, McGIVERIN, and SCHULTZ, JJ.


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.

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