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Case No. 18-2003

State of Iowa
v.
Devario D. Talley

Appellee

State of Iowa

Appellant

Devario D. Talley

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2003
Date Published:
May 13, 2020
Summary

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J. (12 pages)

            Devario Talley challenges his convictions for eluding and child endangerment.  He contends the State did not offer enough evidence to merit an instruction on the alternative theory of aiding and abetting.  OPINION HOLDS: Neither direct nor circumstantial evidence sustains the prosecutor’s belated theory of aiding and abetting.  The record lacked sufficient evidence to support a jury instruction on aiding and abetting.  Also, because the jury returned general verdicts—not specifying between the State’s two theories—we must reverse and remand for a new trial.

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