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Case No. 18-0217

State of Iowa
Kevin Leon Poster, II


State of Iowa


Kevin Leon Poster, II

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Brenda J. Gohr, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 23, 2019

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Carr, S.J.  Opinion by Tabor, P.J.  (8 pages)

            The defendant appeals his conviction for operating while intoxicated, contending the district court should have suppressed his breath test results because the arresting officer misinformed him about the right to an independent chemical test.  OPINION HOLDS: Because the record holds sufficient evidence to support the district court’s alternative finding that the defendant was driving under the influence, we find any error in denying his motion to suppress was harmless.  We affirm. 

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