STATE v. MURPHY

No. 89-563.

451 N.W.2d 154 (1990)

STATE of Iowa, Appellee, v. Robert Dean MURPHY, Appellant.

Supreme Court of Iowa.

January 24, 1990.


Attorney(s) appearing for the Case

David D. Butler, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Charles J. Krogmeier, Acting Deputy Atty. Gen., Mark Hunacek, Asst. Atty. Gen., and Odell McGhee, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.


NEUMAN, Justice.

Defendant Robert Dean Murphy appeals his conviction, following jury trial, for the crime of operating while intoxicated (OWI), fourth offense. See Iowa Code § 321J.2 (1987). His principal contention concerns the admissibility of field sobriety test results for horizontal gaze nystagmus. We affirm.

The jury could have found the following facts. In mid-afternoon on August 19, 1988, a Des Moines police officer was following Murphy...

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