State of Iowa
v.
Dana Elizabeth Kirgan
Appellee
State of Iowa
Appellant
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:
Summary
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.