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STATE v. IOWA DIST. COURT FOR JOHNSON CTY.

No. 99-1836.

630 N.W.2d 838 (2001)

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

Supreme Court of Iowa.

July 5, 2001.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, J. Patrick White, County Attorney, and Linda M. Paulson, Assistant County Attorney, for plaintiff.

Linda Del Gallo, State Appellate Defender, and Stephan J. Japuntich, Assistant State Appellate Defender, for defendant.

SNELL, Justice.

This case comes to us on further review from the court of appeals, where the district court's opinion was upheld. Because we determine that a sentencing court has no authority to drop the third digit of an intoxilyzer reading, we vacate the decision of the court of appeals and sustain the writ. The case is remanded to the district court for resentencing.

I. Factual Background and Procedure

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