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Case No. 22-0037

State of Iowa
v.
Donald Melvin Wittenberg

Donald Wittenberg seeks further review of the court of appeals’ opinion affirming the judgment of sentence for operating while intoxicated, third offense, a class “D” felony. He argues the court of appeals erred in affirming the denial of his motion to suppress because he was seized without reasonable suspicion or probable cause.

County:
Polk
Trial Court Case No.:
OWOM090048

Resister

State of Iowa

Applicant

Donald Melvin Wittenberg

Attorney for the Resister

Genevieve Reinkoester

Attorney for the Applicant

Josh Irwin

Supreme Court

Oral Argument Schedule

Non-Oral

Oct 10, 2023 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-0037
Date Published:
Nov 17, 2023
Date Amended:
Jan 30, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0037
Date Published:
Apr 26, 2023
Summary

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.  AFFIRMED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (8 pages)

            Donald Wittenberg appeals the district court’s denial of his motion to suppress following his conviction of operating while intoxicated, third offense, in violation of Iowa Code section 321J.2(2)(c) (2021).  OPINION HOLDS: Based on the totality of the circumstances, we do not find Wittenberg was seized and affirm the district court’s denial of his motion to suppress.

Other Information

Date Further Review is Granted:
Aug 18, 2023
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