State of Iowa
v.
Devario D. Talley
Appellee
State of Iowa
Appellant
Devario D. Talley
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
