Supreme Court of Iowa April 27, 2007, 06-0203 (State v. Iowa District Court for Johnson County)

HECHT, Justice.

The State filed a petition for writ of certiorari alleging the district court exceeded its statutory authority in granting David Jensen a deferred judgment. We conclude Iowa Code section 321J.2(3)(a)(1) (2005) prohibits a deferred judgment under the circumstances of this case. We consequently sustain the writ, vacate the sentence, and remand for resentencing.

J.

Background Facts.