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STATE v. IA DIST. COURT FOR JOHNSON COUNTY

No. 06-0203.

730 N.W.2d 677 (2007)

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

Supreme Court of Iowa.

April 27, 2007.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, J. Patrick White, County Attorney, and Rachel Zimmermann and Iris Frost, Assistant County Attorneys, for plaintiff.

Jerald W. Kinnamon and J. Dean Keegan, Cedar Rapids, for defendant.

HECHT, Justice.

The State filed a petition for writ of certiorari alleging the district court exceeded its statutory authority in granting David Jensen a deferred judgment. We conclude Iowa Code section 321J.2(3)(a)(1) (2005) prohibits a deferred judgment under the circumstances of this case. We consequently sustain the writ, vacate the sentence, and remand for resentencing.

I. Background Facts.

On January 31, 2005, between...

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