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STATE v. BREESE

No. 97-890.

581 N.W.2d 631 (1998)

STATE of Iowa, Appellee, v. Scott Eugene BREESE, Appellant.

Supreme Court of Iowa.

July 29, 1998

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Julie H. Brown, Assistant Attorney General, John P. Sarcone, County Attorney, and Ray Kinley, Assistant County Attorney, for appellee.

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

PER CURIAM.

Defendant appeals the sentence entered upon his conviction of operating while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2 (1995). He argues the district court erred in failing to order a substance abuse evaluation prior to his sentencing and it erred in issuing a supplemental order directing the Department of Transportation (DOT) to revoke his license. We affirm the sentence in part and vacate in part.

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