STATE v. STONEKING

No. 84-1623.

379 N.W.2d 352 (1985)

STATE of Iowa, Appellant, v. Brian E. STONEKING, Appellee.

Supreme Court of Iowa.

December 18, 1985.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Pamela S. Greenman, Asst. Atty. Gen., and Denver D. Dillard, Co. Atty., for appellant.

Guy P. Booth, Cedar Rapids, for appellee.

Considered by REYNOLDSON, C.J., and McCORMICK, McGIVERIN, LARSON, and SCHULTZ, JJ.


REYNOLDSON, Chief Justice.

This is a discretionary review of a district court ruling in a criminal case that suppressed evidence of an Iowa Code section 321B.41 blood test because it was administered slightly more than two hours and five minutes after a preliminary breath test was administered to defendant Brian E. Stoneking. We determine, in the circumstances presented, this delay in administering the test was not fatal and evidence of...

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