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Case No. 22-0617

State of Iowa
v.
Kendall Wayne Hammes

County:
Washington

Appellant

State of Iowa

Appellee

Kendall Wayne Hammes

Attorney for the Appellant

Thomas E. Bakke, Assistant Attorney General

Attorney for the Appellee

Jeffrey L. Powell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0617
Date Published:
Jan 25, 2023
Summary

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Chicchelly, J.  (4 pages)

            This appeal concerns the district court’s pretrial dismissal of a charge against Kendall Hammes for animal abuse causing serious injury or death.  The State contends dismissal was in error because Hammes does not have an absolute statutory defense.  OPINION HOLDS: Finding the State’s statutory interpretation correct, we reverse and remand for further proceedings.

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