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Case No. 19-1632

State of Iowa
v.
Brian John Lindemann

Appellee

State of Iowa

Appellants

Brian John Lindemann

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Attorneys for Appellants

Cathleen J. Siebrecht
Mathew D. Zinkula (until withdrawal)

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1632
Date Published:
Jan 21, 2021
Summary

            Appeal from the Iowa District Court for Clarke County, Martha L. Mertz, Judge.  CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (19 pages)

            Brian John Lindemann appeals his convictions and sentences for willful injury causing serious injury, assault causing bodily injury, domestic abuse assault with intent to inflict serious injury, and domestic abuse assault causing bodily injury.  Lindemann asserts several errors: (1) the treating physician impermissibly vouched for the credibility of the complaining witness, (2) the district court abused its discretion in denying Lindemann’s motions to strike two potential juror for cause and (3) the district court abused its discretion in allowing the State to amend the trial information, (4) the sentence imposed for assault causing injury was illegal, and (5) the court considered impermissible factors when imposing consecutive sentences.  OPINION HOLDS: We discern no abuse of discretion in the court’s evidentiary ruling, in the denial of the two motions to strike for cause, or in allowing the amendment of the trial information.  However, the sentence imposed on count III was illegal.  Therefore, we affirm the convictions with the exception of count III, which we reverse, and we vacate the sentence on count III and remand for resentencing.

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