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Case No. 20-1352

State of Iowa
Latrice D. Saunders


State of Iowa


Latrice D. Saunders

Attorney for the Appellee

Thomas E. Bakke, Assistant Attorney General

Attorney for the Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 12, 2022

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  CONVICTION CONDITIONALLY AFFIRMED, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS. Considered by Greer, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J. (7 pages)

            Latrice Saunders appeals following her conviction and sentence for fourth-degree criminal mischief in violation of Iowa Code section 716.6(1) (2019).  Saunders claims she is entitled to resentencing due to a statutory amendment and the district court did not properly consider her motion for new trial.  OPINION HOLDS: Saunders is entitled to resentencing due to an amendment to section 716.6(1), which became effective after Saunders’s conviction but prior to sentencing.  The district court did not apply the weight-of-the-evidence standard to Saunders’s motion for new trial.  So we remand for application of the correct standard to Saunders’s motion.

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