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Case No. 17-0914

State of Iowa
Fernando Lopez-Aguilar


State of Iowa


Fernando Lopez-Aguilar

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 15, 2018

           Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (21 pages)

            Lopez-Aguilar appeals his convictions arising out of a traffic accident.  On appeal, he (1) argues the district court abused its discretion when denying his motion for mistrial, (2) challenges the sufficiency of the evidence of his reckless conduct, (3) and makes several claims of ineffective assistance.  OPINION HOLDS: The district court did not abuse its discretion in denying the motion for mistrial.  Sufficient evidence supported a finding of recklessness.  All but one of Lopez-Aguilar’s ineffective-assistance claims fails.  On the remaining claim alleging counsel should have objected to allegedly inconsistent verdicts, we preserve the claim so that a complete record may be developed.

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