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Case No. 22-1127

State of Iowa
v.
Kevin Ray Bergman

Appellee

State of Iowa

Appellant

Kevin Ray Bergman

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Attorney for the Appellant

Nellie O'Mara

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1127
Date Published:
Jul 13, 2023
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (11 pages)

            Kevin Bergman, after a confrontation in his neighbor’s yard, shot his neighbor in the leg.  He now appeals his convictions for willful injury causing bodily injury and going armed with intent, arguing he was justified in his actions, the offense of going armed with intent is unconstitutional on its face, and the court abused its discretion in limiting his wife’s testimony.  OPINION HOLDS: We do not address Bergman’s constitutional claim because it is based on a statute that was not yet in effect at the time of the offense.  There is substantial evidence of specific intent supporting Bergman’s convictions, and the court did not abuse its discretion in limiting his wife’s testimony to the year before the shooting.  We affirm.

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