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Case No. 17-1951

State of Iowa
Frederic Hayer


State of Iowa


Frederic Hayer

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Attorney for the Appellant

Robert G. Rehkemper

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 06, 2019

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge, and Lucy J. Gamon, Judge.  AFFIRMED.  Heard by Vogel, C.J., Vaitheswaran, J., and Gamble, S.J.  Opinion by Vogel, C.J.  Special Concurrence by Vaitheswaran, J.  (12 pages)

            Frederic Hayer appeals his convictions and sentence for the crimes of carrying weapons, operating while intoxicated, and possession of marijuana.  He argues the district court’s incorrect interpretation of Iowa’s implied consent statute resulted in the inappropriate denial of his motion to suppress.  Also, he asserts none of the jury’s guilty verdicts were supported by sufficient evidence.  OPINIONS HOLDS: We conclude the district court correctly interpreted and applied Iowa law, and therefore, properly denied Hayer’s motion to suppress the urine test.  In addition, we find substantial evidence supports all of the jury’s guilty verdicts.  SPECIAL CONCURRENCE ASSERTS: I believe Childs does read to suggest there must be a showing of impairment in addition to a showing the defendant ingested “any amount” of an illegal substance.  However, because that portion of the opinion is only dicta, I agree with the majority’s holding that we cannot construe that decision as Hayer would like.

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