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STATE v. EISCHEN

No. 91-1200.

487 N.W.2d 335 (1992)

STATE of Iowa, Appellant, v. Michael Alan EISCHEN, Appellee.

Supreme Court of Iowa.

July 22, 1992.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Bridget A. Chambers, Asst. Atty. Gen., William McNertney, County Atty., and David C. Skilling, Asst. County Atty., for appellant.

Thomas W. Lipps of Peterson & Lipps, Algona, for appellee.

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

CARTER, Justice.

The State challenges via discretionary review the eligibility of defendant, Michael Alan Eischen, for a deferred judgment following an OWI conviction for acts perpetrated within six years of a prior OWI conviction. The district court granted defendant a deferred judgment based on its belief that, under Iowa Code section 907.3(1)(g) (1989), the six-year time period within which a prior OWI conviction will...

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