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Case No. 19-1013

State of Iowa
v.
Fredrick Carter

Appellee

State of Iowa

Appellant

Fredrick Carter

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Robert P. Ranschau, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1013
Date Published:
Apr 29, 2020
Summary

            Appeal from the Iowa District Court for Scott County, John D. Telleen and Mary E. Howes, Judges.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J. (6 pages)

            Fredrick Carter appeals his conviction and sentence for willful injury causing bodily injury.  OPINION HOLDS: The district court did not abuse its discretion in overruling Carter’s objection to testimony he alleges was outside the scope of the minutes of evidence because the minutes sufficiently alerted him to the source and nature of the allegations against him.  Based on the evidence on the victim’s injury, substantial evidence supports a finding that Carter had the specific intent to cause serious injury.  But because the portion of the sentence imposing a law-enforcement-initiative surcharge is illegal, we vacate it and remand for entry of a corrected sentencing order.

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