State of Iowa
v.
Kevin Lee Kelley
Appellee
State of Iowa
Appellant
Kevin Lee Kelley
Attorney for the Appellee
Joshua Henry, Assistant Attorney General
Attorney for the Appellant
Francis Hurley
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. AFFIRMED. Considered by Tabor, C.J., Ahlers, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (6 pages)
Kevin Kelley appeals his conviction for operating while intoxicated, second offense, arguing it is not supported by substantial evidence. OPINION HOLDS: Considering Kelley’s admission at the scene regarding his use of methamphetamine and marijuana, the pipe in his vehicle that appeared to have burnt methamphetamine, his performance on field sobriety tests, the heat bumps on his tongue, and his refusal to give a urine sample to be tested for illegal substances after drinking large quantities of water, substantial evidence supports the jury’s determination that Kelley was “under the influence.”
