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STATE v. JIRAK

No. 91-636.

491 N.W.2d 794 (1992)

STATE of Iowa, Appellee, v. Gene James JIRAK, Appellant.

Court of Appeals of Iowa.

August 27, 1992.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Patricia Reynolds Lapointe, Asst. State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Bruce Kempkes, Asst. Atty. Gen., Karl Knudson, County Atty., and Sherry Raduenz, Asst. County Atty., for appellee.

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

SCHLEGEL, Presiding Judge.

The defendant, Gene Jirak, appeals his conviction for operating while intoxicated, first offense. Jirak argues the district court erred in: (1) denying defendant's motion for mistrial based on the deputy sheriff's testimony Jirak remained silent after being read his Miranda rights; and (2) failing to grant defendant's motion for mistrial based on the deputy sheriff's opinion regarding the defendant's intoxication.

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