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Case No. 18-0831

State of Iowa
David Alan Francis


State of Iowa


David Alan Francis

Attorney for the Appellee

Thomas E. Bakke, Assistant Attorney General

Attorney for the Appellant

Ryan J. Mitchell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 05, 2019

            Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            David Francis appeals his conviction of operating while intoxicated (OWI), third offense.  OPINION HOLDS:  We find the district court did not abuse its discretion in determining certain evidence was not relevant and therefore not admissible.  We determine there is substantial evidence in the record to support Francis’s conviction.  We preserve Francis’s claims of ineffective assistance of counsel for possible postconviction relief proceedings.  We affirm Francis’s conviction of OWI, third offense.

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