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STATE v. PETERS

No. 94-11.

525 N.W.2d 854 (1994)

STATE of Iowa, Appellee, v. Mitch E. PETERS, Appellant.

Supreme Court of Iowa.

December 21, 1994.

Attorney(s) appearing for the Case

M.W. Miller, Jr. of Miller, Miller, Miller, Green & Miller, Cherokee, for appellant.

Bonnie J. Campbell, Atty. Gen., Richard J. Bennett, Asst. Atty. Gen., and Kirk E. Goettsch, County Atty., for appellee.

Considered by HARRIS, P.J., and LARSON, LAVORATO, ANDREASEN, and TERNUS, JJ.

LAVORATO, Justice.

The principle issue in this appeal is whether the State can charge one who is operating a snowmobile while intoxicated with a violation of Iowa Code section 321J.2 (1991) (prohibiting operating motor vehicle while intoxicated) even though a separate statute prohibits such conduct. See Iowa Code § 321G.13(3) (prohibiting operating snowmobile while intoxicated). The district court thought so, and in a bench trial on stipulated facts convicted...

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