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Case No. 22-0699

State of Iowa
Dana Elizabeth Kirgan


State of Iowa


Dana Elizabeth Kirgan

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Austin Jungblut

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 24, 2023

            Appeal from the Iowa District Court for Warren County, Terry R. Rickers, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Following a trial to the bench, Dana Kirgan appeals her convictions for intimidation with a dangerous weapon and going armed with intent.  She challenges each conviction, arguing it is not supported by substantial evidence.  OPINION HOLDS: Because there was insufficient evidence to convict Kirgan of intimidation with a dangerous weapon, we reverse that conviction.  A reasonable factfinder could find evidence to convict Kirgan of going armed with intent but, because the district court applied the wrong standard in reaching its decision, we reverse Kirgan’s conviction and remand to the district court for new findings and conclusions as to that charge on the existing record. 

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