State of Iowa
v.
Kevin Leon Poster, II
Appellee
State of Iowa
Appellant
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:
Summary
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.
