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State v. Ferguson

Court of Appeals of Iowa

May 15, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
TYLER FERGUSON, Defendant-Appellant.

          Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.

         A defendant appeals the revocation of his deferred judgment for operating while intoxicated. AFFIRMED.

          John J. Bishop, Cedar Rapids, for appellant.

          Thomas J. Miller, Attorney General, and Sheryl Soich, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., and Tabor and Bower, JJ.

          TABOR, JUDGE.

         Tyler Ferguson received a deferred judgment in February 2017 after pleading guilty to first-offense operating while intoxicated (OWI). Four months later, he committed the crime of driving while his license was revoked. As a result, the district court revoked his probation and entered judgment on the OWI offense. He appeals the revocation, contending the court failed to consider mitigating circumstances. Because the court properly exercised its discretion in viewing the new driving offense as a sufficient reason to impose judgment, we affirm.

         Iowa City police stopped Ferguson for driving 43 miles per hour in a 30 mileper-hour zone in November 2016. Detecting evidence of drunk driving, the officer invoked implied consent; the DataMaster measured Ferguson's blood alcohol content at .125. He entered a guilty plea to a violation of Iowa Code section 321J.2 (2016) and received a deferred judgment. The court placed Ferguson on "self-supervised probation" for one year with the following conditions:

• Have no further law violations.
• Keep the Clerk of Court informed of any change of address.
• Pay the civil penalty and all amounts due within six months.
• Pay the supervision fee imposed by the Department of Correctional Services.
• Obtain a substance abuse evaluation, complete all recommended treatment, and file proof of completion within six months.
• Complete an approved OWI weekend program, which includes the 12-hour drinking driver's course required by the Department of Transportation, and file ...

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