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Case No. 18-2216

State of Iowa
v.
Zachary Paul Koehn

Appellee

State of Iowa

Appellant

Zachary Paul Koehn

Attorneys for Appellee

Darrel Mullins, Assistant Attorney General

Attorneys for Appellant

John W. Hofmeyer III

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2216
Date Published:
Nov 04, 2020
Summary

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (15 pages)

            Zachary Koehn was convicted of murder in the first degree and child endangerment resulting in death.  Both convictions involve his approximately four-month-old son.  On appeal, Koehn challenges those convictions, asserting (1) there is insufficient evidence to support the convictions; (2) the jury should not have been instructed it could infer malice from the commission of child endangerment resulting in serious injury; (3) his first-degree murder conviction should have merged into the child-endangerment conviction, leaving the “B” felony; and (4) the court abused its discretion in admitting some of the State’s evidence.  OPINION HOLDS: Having considered Koehn’s claims that were preserved and sufficiently formulated to enable review, we affirm his convictions for murder in the first degree and child endangerment resulting in death.  We preserve any claims of ineffective assistance for possible postconviction-relief proceedings.

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