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STATE v. CONGER

No. 87-1330.

434 N.W.2d 406 (1988)

STATE of Iowa, Plaintiff-Appellee, v. John Christopher CONGER, Defendant-Appellant.

Court of Appeals of Iowa.

October 20, 1988.

Attorney(s) appearing for the Case

David D. Dixon of Heslinga, Heslinga, Dixon & Grotewold, Oskaloosa, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Pamela Greenman Dahl, Asst. Atty. Gen., and Martha Mertz, Marion Co. Atty., for plaintiff-appellee.

Considered by DONIELSON, P.J., and SCHLEGEL and HAYDEN, JJ.

DONIELSON, Presiding Judge.

Following a jury trial, defendant appeals his conviction for theft in the second degree and for operating while intoxicated. These charges arose out of an accident where defendant struck a deputy sheriff's patrol car. Defendant claims the district court erred by: 1) denying his motion to suppress so that his conviction was improperly based on statements made while he was not competent; and 2) instructing the jury in a fashion that allowed...

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