Skip to main content
Iowa Judicial Branch
Main Content

Case No. 22-1139

State of Iowa
David Robert Johnson



State of Iowa


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:
Nov 21, 2023

            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.

© 2024 Iowa Judicial Branch. All Rights Reserved.