State of Iowa
v.
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.
Resister
State of Iowa
Applicant
Patrick H. Booker, Jr.
Attorney for the Resister
Sheryl Soich
Attorney for the Applicant
Martha J. Lucey
Supreme Court
Oral Argument Schedule
15-15-5
Jan 19, 2023 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
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.