State of Iowa
v.
Fernando Lopez-Aguilar
Appellee
State of Iowa
Appellant
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:
Summary
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.