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STATE v. O'DONNELL

No. 94-422.

533 N.W.2d 576 (1995)

STATE of Iowa, Plaintiff-Appellee, v. Darren O'DONNELL, Defendant-Appellant.

Court of Appeals of Iowa.

April 28, 1995.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Annette L. Hitchcock, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Angelina M. Smith, Asst. Atty. Gen., J. Patrick White, County Atty., and Teresa A. Vens, Asst. County Atty., for appellee.

Heard by DONIELSON, C.J., and HAYDEN and HABHAB, JJ.

HABHAB, Judge.

Darren O'Donnell was taken into custody by Officer Douglas Hart after losing a foot chase and failing to cooperate with field sobriety tests. O'Donnell was charged with operating while intoxicated, third offense, and driving under suspension.

At trial, Officer Hart testified he observed a white male with blond hair wearing a white t-shirt operating a pickup truck. The officer at first believed the vehicle had no license plates, but later realized...

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