State v. Guzman-Juarez

The defendant, Jesus Guzman-Juarez, pleaded guilty to first-offense operating while intoxicated. See Iowa Code § 321J.2(1)(b) (1997). At his sentencing hearing, he requested a deferred judgment. The district court concluded that the defendant was not eligible for a deferred judgment because his intoxilyzer test had shown an alcohol concentration of .154, and Iowa law prohibited the court from granting a deferred judgment to a defendant testing above .15. See Iowa Code § 321J.2(3)(a)(1) (Supp. 1997). The court sentenced the defendant to a two-day jail term, imposed a fine plus surcharge, ordered a substance abuse evaluation, and ordered the completion of a drinking drivers course. The defendant appeals. We affirm.