State of Iowa
v.
Adam Slade Roe
Appellee
State of Iowa
Appellant
Adam Slade Roe
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Josh Irwin, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge. CONVICTIONS AFFIRMED, SENTENCES VACATED AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., Greer, J., and Vogel, S.J. Opinion by Vogel, S.J. (14 pages)
Adam Roe appeals from his convictions and sentences for criminal mischief and assault. OPINION HOLDS: Any error in the jury instructions did not result in prejudice, and the evidence is sufficient to support Roe’s convictions for criminal mischief in the second degree and assault, so we affirm his convictions. However, the record does not contain a required waiver of in-person sentencing. Therefore, we vacate Roe’s sentences and remand for resentencing, do not address the suspension of fines, and direct the court to not impose certain surcharges on resentencing.