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Case No. 20-0517

State of Iowa
Timothy Alvin Newton


State of Iowa


Timothy Alvin Newton

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Jesse A. Macro, Jr.

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 16, 2021

            Appeal from the Iowa District Court for Ringgold County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            Timothy Newton appeals his convictions for operating while intoxicated, second offense, and driving while barred.  OPINION HOLDS: We find no prejudicial error in the court’s waiver of a presentence substance-abuse evaluation where the evaluation was ordered and the defendant was uncooperative.  Nor did the district court abuse its discretion in denying the request for an updated presentence investigation report because Newton had the opportunity at sentencing to present any additions or corrections to the previously-submitted report.

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