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Case No. 22-0520

State of Iowa
v.
Robbie John Hess

County:
Dubuque

Appellee

State of Iowa

Appellant

Robbie John Hess

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Robert P. Ranschau, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0520
Date Published:
Apr 26, 2023
Summary

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (12 pages)

            Robbie Hess appeals his conviction for first-degree kidnapping.  OPINION HOLDS: I. Substantial evidence supports the jury’s finding that Hess removed B.M. and the removal occurred in Iowa.  II. The weight of the evidence supports the jury’s findings regarding removal and jurisdiction, as well as the finding that B.M. was incapacitated.  III. Hess did not preserve error on his challenge to the jury instruction.  Regardless, any error was not prejudicial.

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