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STATE v. RUSSELL

No. 92-1375.

508 N.W.2d 697 (1993)

STATE of Iowa, Appellee, v. Stanley Lavern RUSSELL, Appellant.

Supreme Court of Iowa.

November 24, 1993.

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., Ann Brenden, Asst. Atty. Gen., Colleen Weiland, Student Legal Intern, Mary E. Richards, County Atty., and Stephen H. Holmes, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, ANDREASEN, and TERNUS, JJ.

PER CURIAM.

This case presents the issue of whether a golf cart is a motor vehicle for purposes of the OWI statute, Iowa Code § 321J.2 (1991). The district court held a golf cart is a "motor vehicle." We affirm.

The facts are not disputed. Stanley Lavern Russell was arrested after a county sheriff observed him operating a golf cart while intoxicated on the streets of Maxwell. Russell's blood alcohol content tested at .175 on the intoxilyzer.

The...

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