STATE v. GUZMAN-JUAREZ

No. 98-535.

591 N.W.2d 1 (1999)

STATE of Iowa, Appellee, v. Jesus GUZMAN-JUAREZ, Appellant.

Supreme Court of Iowa.

March 24, 1999.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Shellie L. Knipfer, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Julie H. Brown, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Anthony H. Janney, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., and LAVORATO, SNELL, TERNUS, and CADY, JJ.


TERNUS, Justice.

The defendant, Jesus Guzman-Juarez, pleaded guilty to first-offense operating while intoxicated. See Iowa Code § 321J.2(1)(b) (1997). At his sentencing hearing, he requested a deferred judgment. The district court concluded that the defendant was not eligible for a deferred judgment because his intoxilyzer test had shown an alcohol concentration of .154, and Iowa law prohibited the court from...

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