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Case No. 17-1265

State of Iowa
v.
Alan Lee Hergenrader

Appellee

State of Iowa

Appellant

Alan Lee Hergenrader

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Attorneys for Appellant

Bryan R. Goodman

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1265
Date Published:
Dec 05, 2018
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.

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