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IN THE COURT OF APPEALS OF IOWA No. 6-374 / 05-1243 Filed May 24, 2006

STATE OF IOWA, Plaintiff-Appellee, vs. ALLEN ROY LUNDBERG, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Jasper County, Thomas W. Mott, District Associate Judge. Defendant appeals from his conviction and sentence for operating a vehicle while intoxicated in violation of Iowa Code section 321J.2 (2005). Finding no error in the district court's ruling on defendant's motion to suppress, we affirm without opinion. AFFIRMED.

Gerald B. Feuerhelm, Des Moines, for appellant. Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Steve Johnson, County Attorney, and Scott W. Nicholson, Assistant County Attorney, for appellee.

Considered by Mahan, P.J., and Hecht and Eisenhauer, JJ.

2 PER CURIAM. Allen Lundberg claims his motion to suppress evidence should have been sustained by the district court because the law enforcement officer who made an investigatory stop of Lundberg's vehicle lacked specific and articulable cause to reasonably believe criminal activity was afoot. After carefully reviewing the

record and the applicable law, we find no ground upon which to reverse the district court's ruling. We therefore affirm Lundberg's conviction and sentence without opinion pursuant to Iowa Rule of Appellate Procedure 6.24(1). AFFIRMED.



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