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Case No. 23-0408

State of Iowa
v.
David John Lehmann

County:
Dubuque

Appellee

State of Iowa

Appellant

David John Lehmann

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Raphael M. Scheetz

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0408
Date Published:
Oct 16, 2024
Summary

            Appeal from the Iowa District Court for Dubuque County, Monica Ackley, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (10 pages)

            David John Lehmann appeals both his conviction and sentence for lascivious acts with a child, alleging multiple improper evidentiary rulings, prosecutorial misconduct, constitutional violations, verdict inconsistency, and an abuse of sentencing discretion.  OPINION HOLDS: Because the court abused its discretion by admitting prior‑bad‑acts evidence and Lehmann’s constitutional right to be present was violated, we reverse and remand consistent with this opinion without considering the merits of his other arguments.

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