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:
Date Published:
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.
