Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Shannon

Court of Appeals of Iowa

March 7, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
LARRY SHANNON, Defendant-Appellant.

         Appeal from the Iowa District Court for Buchanan County, Monica L. Wittig, Judge.

         A defendant appeals his conviction for operating while intoxicated.

          John J. Sullivan of Sullivan Law Office, P.C., Oelwein, for appellant.

          Thomas J. Miller, Attorney General, and Zachary C. Miller, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          POTTERFIELD, JUDGE.

         Larry Shannon was convicted of operating while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2(1)(a) (2016). Shannon argues the State presented insufficient evidence to prove he drove under the influence of a drug.

         I. Background Facts and Proceedings.

         Shannon was stopped on August 1, 2016, by Deputy Sheriff Austin Westphal. Westphal knew the vehicle to be Shannon's and knew Shannon was barred from driving. Westphal activated his emergency lights and observed Shannon tapping his breaks and taking longer than usual to pull over.

         Westphal approached the vehicle, shouting at Shannon to put his hands on the steering wheel and open the door. Shannon did not comply but drank from a Gatorade bottle and used his cell phone. Deputy Ben Ward arrived and also encouraged Shannon to exit the vehicle. Shannon continued to drink almost the entire bottle of Gatorade. When the officers advised Shannon they would break the window to take him into custody if he did not exit the vehicle, Shannon exited the vehicle.

         The officers handcuffed Shannon and made several observations: Shannon's arms were very tense, his body temperature was elevated, and he was clenching his fists, sweating profusely, grinding his teeth, acting restless, and swaying. Shannon had a dry mouth and eyelid tremors, and in the police vehicle, his feet involuntarily twitched.

         The officers asked Shannon if he had anything in his pockets, and Shannon told them he had ten thousand dollars in cash on him. The officers searched Shannon and found only a few hundred dollars in cash. The officers performed an inventory search of Shannon's vehicle and found broken shards of glass on the driver's seat.

         Westphal transported Shannon to the Buchanan County Jail. Based on his training and observation, Westphal believed Shannon to be substance-impaired. Westphal asked Shannon to perform several field sobriety tests. Shannon passed the horizontal gaze nystagmus test, which tests for alcohol-related impairments. Shannon refused to complete the walk-and-turn test and the one-legged stand test because he has "bad feet." Shannon performed the modified Rhomberg test, which tests an individual's internal clock. Shannon was asked to close his eyes and indicate when thirty seconds had passed. Shannon reported thirty seconds had passed when only twenty-two seconds had passed, an indication of impairment. Shannon passed a breath test for alcohol but refused to provide a urine specimen.

         Shannon was charged with operating while intoxicated, driving while barred, and driving while revoked. He waived a jury trial, and the matter was tried to the court. In November 2016, the district court found Shannon guilty on all counts and sentenced him on the OWI conviction to a two-year prison term and time served ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.