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STATE v. WEBER

No. 94-2103.

545 N.W.2d 317 (1996)

STATE of Iowa, Appellee, v. Scott Alan WEBER, Appellant.

Supreme Court of Iowa.

March 20, 1996.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Ahmet Gonlubol, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, J. Patrick White, County Attorney, and David V. Tiffany, Assistant County Attorney, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and ANDREASEN, JJ.

PER CURIAM.

Scott Alan Weber challenges the sentence imposed upon his conviction for third-offense operating while intoxicated (OWI) as an habitual offender in violation of Iowa Code sections 321J.2 and 902.8 (1993). He claims the court erred in failing to order a substance abuse evaluation prior to sentencing. The State maintains Weber waived error on this claim by failing to object at sentencing. Alternatively, the State claims the record before the court amounted...

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