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Case No. 17-0784

State of Iowa
v.
Travis Raymond Wayne West

Appellant seeks further review of a court of appeals decision holding his conviction for delivery of a controlled substance (heroin) did not merge with the conviction for involuntary manslaughter by delivery of a controlled substance.

County:
Polk
Trial Court Case No.:
FECR288801

Resister

State of Iowa

Applicant

Travis Raymond Wayne West

Attorney for the Resister

Darrel L. Mullins

Attorney for the Applicant

Nan Jennisch

Supreme Court

Oral Argument Schedule

15-15-5

Jan 23, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
17-0784
Date Published:
Mar 01, 2019
Date Amended:
May 15, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0784
Date Published:
Oct 10, 2018
Summary

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Doyle, J.  (12 pages)

            Travis West appeals his convictions for involuntary manslaughter and delivery of a controlled substance, raising claims of insufficiency of the evidence, abuse of the trial court’s discretion in admitting certain evidence, and failure by the trial court to merge the crimes charged at sentencing.  OPINION HOLDS: We affirm West’s convictions for involuntary manslaughter and delivery of a controlled substance.  SPECIAL CONCURRENCE ASSERTS: I concur specially concur to question the propriety of the two-step analysis set forth in State v. Halliburton, 539 N.W.2d 339, 344 (Iowa 1995).  However, I recognize that we are bound by precedent and must look to our supreme court to revisit the issue.

Other Information

Date Further Review is Granted:
Dec 06, 2018
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