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Case No. 21-0708

State of Iowa
v.
Gary Lynn Dains, Jr.

Appellee

State of Iowa

Appellant

Gary Lynn Dains, Jr.

Attorneys for Appellee

Zachary Miller, Assistant Attorney General

Attorneys for Appellant

Maria R. Ruhtenberg and Stephan J. Japuntich (until withdrawal), Assistant Appellate Defenders

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0708
Date Published:
May 25, 2022
Summary

            Appeal from the Iowa District Court for Woodbury County, Tod J. Deck, Judge.  ONGOING-CRIMINAL-CONDUCT CONVICTION AND SENTENCE VACATED, REMAINING SENTENCES AFFIRMED, AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. (10 pages)

            Gary Dains contends on appeal that the district court erred in denying his motion for judgment of acquittal as to his ongoing-criminal-conduct charge and that the district court abused its discretion in deciding his sentence.  OPINION HOLDS: Because there is insufficient evidence to convict Dains of the ongoing-criminal-conduct charge, we vacate that conviction and sentence and remand for dismissal.  The court did not abuse its discretion in sentencing Dains on his remaining convictions.

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