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Case No. 17-1426

State of Iowa
v.
Dennis Edgar Chamberlain

Appellee

State of Iowa

Appellant

Dennis Edgar Chamberlain

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Theresa R. Wilson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1426
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Buchanan County, Joel Dalrymple, Judge.  AFFIRMED IN PART; REVERSED IN PART AND REMANDED.  Considered by Potterfield, P.J., Doyle, J., and Blane, S.J.  Opinion by Blane, S.J.  Special Concurrence by Potterfield, P.J.  (23 pages)

            Dennis Chamberlain appeals his convictions, sentences, and judgments for attempt to commit murder, kidnapping in the second degree, and two counts of intimidation with a dangerous weapon with intent.  He challenges the district court’s jury instructions regarding intoxication, reasonable doubt, and the definition of “confinement,” as well as the extension of the no-contact order for a period longer than five years.  OPINION HOLDS: We affirm Chamberlain’s convictions for attempt to commit murder and two counts of intimidation with a dangerous weapon with intent.  We reverse his conviction for kidnapping in the second degree and remand for retrial.  We also reverse a provision of the extension of the no-contact order and remand for correction.  SPECIAL CONCURRENCE ASSERTS: I disagree with the majority’s conclusion there was insufficient evidence to submit Chamberlain’s proposed instruction on the defense of intoxication.  The majority fails to make the distinction between the requisite amount of evidence necessary to determine whether a trial court should submit an affirmative defense to the jury and the amount of evidence necessary to prove the defense. However, the evidence of Chamberlain’s ability to form specific intent was overwhelming, and I cannot find Chamberlain suffered prejudice from the court’s failure to instruct on Chamberlain’s defense to the intent elements of those crimes.

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