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Case No. 17-1636

State of Iowa
v.
Jerrell M. Wilson

Appellee

State of Iowa

Appellant

Jerrell M. Wilson

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1636
Date Published:
Nov 07, 2018
Summary

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Jerell Wilson appeals from a jury trial wherein he was found guilty of (1) operating a vehicle while intoxicated, (2) eluding in the first degree, and (3) vehicular homicide by reckless driving or eluding, contending insufficiency of the evidence and failure to merge his OWI conviction with his eluding conviction.  OPINION HOLDS: We hold because substantial evidence supported the jury’s findings, Wilson’s attorney did not breach an essential duty by failing to move for judgment of acquittal on grounds of failure to prove recklessness or causation.  We also conclude the district court did not err in failing to merge the OWI conviction with the eluding conviction.

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