State of Iowa
v.
Nicolas Ross Heims
Appellee
State of Iowa
Appellant
Nicolas Ross Heims
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Mark C. Meyer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Muscatine County, Tom Reidel and Joel W. Barrows, Judges. AFFIRMED. Considered by Greer, P.J., and Ahlers and Buller, JJ. Opinion by Ahlers, J. (19 pages)
Nicolas Heims appeals his convictions for sexual abuse in the third degree, assault causing bodily injury, willful injury causing bodily injury, and criminal mischief in the fourth degree. He argues his retrial after a mistrial violated his double-jeopardy rights, the court erred by allowing amendment to the trial information, insufficient evidence supports his conviction for criminal mischief, and he should have been granted a new trial on the charges of sexual abuse in the third degree, assault causing bodily injury, and willful injury causing bodily injury because the verdicts were against the weight of the evidence. OPINION HOLDS: Because the prosecutor did not intentionally goad Heims into moving for a mistrial, retrial did not violate his double-jeopardy rights. Heims waived any objection to the amendment to the trial information. His convictions are supported by sufficient evidence. The district court did not abuse its discretion in finding the weight of the evidence did not preponderate against the convictions for sexual abuse, assault causing bodily injury, and willful injury causing bodily injury. We affirm Heims’s convictions.
