State of Iowa
v.
Elijah Daniel Davis
Appellee
State of Iowa
Appellant
Elijah Daniel Davis
Attorney for the Appellee
Joshua A. Duden, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Adair County, Scott J. Beattie, Judge. CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (6 pages)
Elijah Daniel Davis appeals his conviction and sentence, contending that there is insufficient evidence supporting his conviction for homicide by vehicle and the district court abused its discretion when sentencing him for child endangerment. OPINION HOLDS: Because substantial evidence supports the verdict, we affirm his conviction for homicide by vehicle. But because the district court abused its discretion when imposing the fine for child endangerment, we vacate this portion of the sentence and remand for resentencing on this issue.