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Case No. 21-0797

State of Iowa
v.
Dayquanwne Dashawn Gates

County:
Polk

Appellee

State of Iowa

Appellant

Dayquanwne Dashawn Gates

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0797
Date Published:
Nov 08, 2023
Summary

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (8 pages)

            Dayquawne Gates appeals his convictions for first-degree murder and possession of a firearm as a felon.  OPINION HOLDS: We find the district court did not abuse its discretion in denying Gates’s motion for a mistrial.  And we find Gates was not prejudiced by jury instruction on aiding and abetting because there was substantial evidence to support the State’s other theory—that Gates was the person who fired the fatal shots.  We affirm Gates’s convictions.

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