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STATE v. DAILEY

No. 09-0054.

774 N.W.2d 316 (2009)

STATE of Iowa, Plaintiff-Appellee, v. Weston Scott DAILEY, Defendant-Appellant.

Court of Appeals of Iowa.

August 19, 2009.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney General, Steve Johnson, County Attorney, and Susan Wendel, Assistant County Attorney, for appellee.

Considered by SACKETT, C.J., and EISENHAUER and DOYLE, JJ.

DOYLE, J.

Weston Scott Dailey appeals the sentence imposed following his plea of guilty to operating while intoxicated (OWI) first offense in violation of Iowa Code section 321J.2(2)(a) (2007). We vacate the sentence and remand for resentencing.

I. Background Facts and Proceedings.

Dailey was arrested for OWI on October 4, 2008, after driving his car into a ditch on a gravel road. When police officers came upon Dailey trying to drive his car...

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