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Case No. 21-0457

State of Iowa
Adam Slade Roe


State of Iowa


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:
Jul 20, 2022

            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.

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