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STATE v. RUITER

No. 95-1087.

547 N.W.2d 226 (1996)

STATE of Iowa, Appellee, v. Randy L. RUITER, Appellant.

Supreme Court of Iowa.

April 17, 1996.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Kevin Cmelik, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Richard J. Bennett, Assistant Attorney General, John P. Sarcone, County Attorney, and T. Rae Hammans, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and TERNUS, JJ.

PER CURIAM.

The defendant, Randy Ruiter, appeals the judgment and sentence imposed following his guilty plea to the charge of operating a motor vehicle while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2 (1995). Ruiter contends his sentence is void because the district court failed to comply with the provisions of Iowa Code sections 321J.2(2)(c) and 321J.3 and order a substance abuse evaluation before sentencing. We affirm.

Ruiter...

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