STATE v. HOPKINS

No. 90-409.

465 N.W.2d 894 (1991)

STATE of Iowa, Appellant, v. Stacy Lynn HOPKINS, Appellee.

Supreme Court of Iowa.

February 20, 1991.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Mark Joel Zbieroski, Asst. Atty. Gen., William H. Appel, County Atty., and R.T. Starken, Asst. County Atty., for appellant.

Thomas M. Walter of Johnson, Hester & Walter, Ottumwa, for appellee.

Considered en banc.


SCHULTZ, Justice.

We granted the State's request for discretionary review of the trial court's ruling suppressing evidence of the results of a blood test taken under the implied consent statute, Iowa Code section 321J.6 (1989). The defendant, Stacy Lynn Hopkins, was charged with the crime of operating while intoxicated or drugged in violation of Iowa Code subsection 321J.2(2)(b) (1989), second offense. The trial court suppressed the evidence gained from the implied...

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