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:
Date Published:
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.
