STATE v. DESHAW

No. 86-546.

404 N.W.2d 156 (1987)

STATE of Iowa, Appellee, v. Charles Allen DESHAW, Appellant.

Supreme Court of Iowa.

April 15, 1987.


Attorney(s) appearing for the Case

Monty R. Bertelli, Cedar Rapids, for appellant.

Thomas J. Miller, Atty. Gen., Daniel W. Perkins, Asst. Atty. Gen., Denver D. Dillard, Co. Atty., and Edward J. Leff, Asst. Co. Atty., for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, WOLLE, and LAVORATO, JJ.


SCHULTZ, Justice.

Defendant Charles Allen Deshaw appeals from his conviction, following a jury trial, of operating a motor vehicle while under the influence of alcohol (second offense) in violation of Iowa Code section 321.281 (1985). The primary issue on appeal concerns the admissibility of testimony by a peace officer that a preliminary screening test of defendant's breath indicated the presence of alcohol. We hold that the admission of such testimony is reversible...

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