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Case No. 20-1551

State of Iowa
Patrick H. Booker, Jr.

Patrick Henry Booker, Jr., seeks further review of the court of appeals opinion affirming his conviction for third-degree sexual abuse, but vacating the amendment of his sentence that included the special sentencing provision of Iowa Code section 903B.1 because the parties agreed the district court was without jurisdiction to amend Booker’s sentence after he filed his first notice of appeal. The court of appeals further found there was substantial evidence to support his conviction, the trial court did not abuse its discretion in denying his motion for a new trial, the trial court did not err in denying his Batson challenge, he did not make a proper showing regarding his argument that a juror was wrongly excluded, and there were no valid grounds to exclude Exhibit thirty-five, which was a certified statement of conviction and disposition for a “Patrick Booker” in Cook County, Illinois.



State of Iowa


Patrick H. Booker, Jr.

Attorney for the Resister

Sheryl Soich

Attorney for the Applicant

Martha J. Lucey

Supreme Court

Oral Argument Schedule


Jan 19, 2023 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Apr 21, 2023
Date Amended:
May 10, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 16, 2022

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  CONVICTIONS AFFIRMED, AMENDMENT TO SENTENCING ORDER VACATED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J. (12 pages)

            Patrick Booker appeals his conviction for third-degree sexual assault and the district court’s amended sentence.  OPINION HOLDS: Because the verdict was supported by sufficient evidence and the district court did not err in evidentiary rulings or juror challenges, we affirm the conviction.  But because the district court did not have jurisdiction to amend Booker’s sentence, we vacate the sentencing amendment.

Other Information

Date Further Review is Granted:
Jun 28, 2022
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