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Case No. 18-0949

State of Iowa
v.
Gary Dean Terry, Jr.

Appellee

State of Iowa

Appellant

Gary Dean Terry, Jr.

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Attorneys for Appellant

Zeke R. McCartney

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0949
Date Published:
Dec 18, 2019
Summary

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Gary Dean Terry appeals his judgment and sentence for domestic abuse assault with intent to inflict serious injury, arguing that the evidence was insufficient to support the jury’s finding of guilt and his trial attorney was ineffective in failing to move for new trial on the ground the finding was against the weight of the evidence.  OPINION HOLDS: Because a reasonable juror could have found Terry committed an act that was meant to cause pain or injury and he intended to cause a serious bodily injury, and because we are not convinced there is a reasonable probability the district court would have granted a motion for a new trial, we affirm.

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