STATE v. DIST. COURT FOR MAHASKA COUNTY

No. 99-1920.

620 N.W.2d 271 (2000)

STATE of Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR MAHASKA COUNTY, Defendant.

Supreme Court of Iowa.

December 20, 2000.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Charles A. Stream, County Attorney, and Vernon G. Stejskal, Assistant County Attorney, for plaintiff.

Matthew B. Moore of Heslinga, Heslinga, Dixon & Moore, Oskaloosa, for defendant.

Considered en banc.


SNELL, Justice.

This writ of certiorari questions the district court's ability to suspend a sentence to the department of corrections for Operating While Intoxicated (OWI), Third Offense without requiring a mandatory minimum of thirty days served in the county jail. We hold that the applicable statute authorizes such a suspension and annul the writ.

I. Factual Background and Proceedings

The circumstances of this appeal began when Daryl Kent Beyer...

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