STATE v. McCOY

No. 98-1633.

603 N.W.2d 629 (1999)

STATE of Iowa, Appellee, v. Michael Edward McCOY, Appellant.

Supreme Court of Iowa.

December 22, 1999.


Attorney(s) appearing for the Case

Steven K. Nalean, of Nalean & Nalean, Boone, for appellant.

Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, and James E. Timberland, County Attorney, for appellee.

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


HARRIS, Senior Judge.

The question here is whether an error in the written request form vitiated the statutory procedure for obtaining a breath specimen in this prosecution for operating a motor vehicle while intoxicated. The district court thought not, and allowed evidence of the breath test. This appeal follows a bench trial, conviction, and sentence. The defendant's sole challenge on appeal is to the ruling admitting the breath test results. We affirm.

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