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STATE v. BOLEYN

No. 95-876.

547 N.W.2d 202 (1996)

STATE of Iowa, Appellee, v. Tommie Robert BOLEYN, Appellant.

Supreme Court of Iowa.

April 17, 1996.

Attorney(s) appearing for the Case

Brad V. Driscoll of Law Office of Brad V. Driscoll, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Angelina M. Smith, Assistant Attorney General, and W. Wayne Saur, County Attorney, for appellee.

Considered en banc.

ANDREASEN, Justice.

Tommie R. Boleyn was convicted of operating while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2 (1993) and driving while his license was barred in violation of Iowa Code section 321.561. On appeal, he contends that the district court erred in failing to grant his motion for judgment of acquittal for lack of showing that he was operating a motor vehicle. Although Boleyn was not operating the vehicle when encountered...

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