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Case No. 22-1994

State of Iowa
v.
Elijah Daniel Davis

County:
Adair

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:
22-1994
Date Published:
Feb 07, 2024
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.

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