State of Iowa
v.
David Robert Johnson
Appellee
State of Iowa
Appellant
David Robert Johnson
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Appellant
Josh Irwin, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge. CONVICTIONS AFFIRMED, SENTENCES AFFIRMED IN PART AND VACATED IN PART, AND REMANDED FOR RESENTENCING. Considered by Greer, P.J., and Schumacher and Badding, JJ. Opinion by Badding, J. (19 pages)
David Johnson appeals his convictions and sentences for sexual abuse, neglect or abandonment of a dependent person, lascivious acts with a child, and incest. OPINION HOLDS: We find that the district court did not abuse its discretion in denying Johnson’s motion to sever and correctly denied Johnson’s challenge to the State’s use of peremptory strikes on potential male jurors. We further find there was sufficient evidence to support the two third-degree sexual abuse convictions that Johnson challenges on appeal. However, because the State concedes the district court did not give sufficient reason for its imposition of consecutive sentences, we vacate that portion of the sentencing order and remand for resentencing.
