State of Iowa
v.
Alan Lee Hergenrader
Appellee
State of Iowa
Appellant
Alan Lee Hergenrader
Attorney for the Appellee
Sharon K. Hall, Assistant Attorney General
Attorney for the Appellant
Bryan R. Goodman
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Monona County, Patrick H. Tott, Judge. AFFIRMED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Vogel, J. (7 pages)
Alan Hergenrader appeals his conviction and sentence for the crime of operating while intoxicated, first offense. First, Hergenrader argues his booking video should have been admitted in its entirety with sound, citing Iowa Rule of Evidence 5.106. Second, Hergenrader argues the video, The Truth is in the Eyes, should not have been admitted as a demonstrative exhibit because the State did not lay a proper foundation and it was irrelevant and unfairly prejudicial. OPINION HOLDS: We find the district court did not abuse its discretion in playing the entire booking video without audio and admitting the demonstrative video.
