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STATE v. WOOTTEN

No. 97-606.

577 N.W.2d 654 (1998)

STATE of Iowa, Appellee, v. Paul J. WOOTTEN, Appellant.

Supreme Court of Iowa.

April 22, 1998.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Shellie L. Knipfer, Assistant State Appellate Defender, and Gretchen Jensen, student intern, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kasey Wadding, Assistant County Attorney, for appellee.

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

LARSON, Justice.

Paul J. Wootten was convicted of operating a motor vehicle while intoxicated in violation of Iowa Code section 321J.2 (1995). He appealed, based on the court's refusal to suppress the results of a breathalyzer test as a sanction for the officers' failure to provide Wootten an independent chemical test. The district court held that Wootten failed to make a timely request for the test, overruled his motion...

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