State of Iowa
v.
Danielle Shante Weiner
Appellee
State of Iowa
Appellant
Danielle Shante Weiner
Attorney for the Appellee
Kevin Cmelik, Assistant Attorney General
Attorney for the Appellant
Chris Raker
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Delaware County, Michael J. Shubatt, Judge. AFFIRMED. Heard by Tabor, P.J., and Chicchelly and Sandy, JJ. Opinion by Sandy, J. (9 pages)
A defendant appeals her conviction and sentence for second-degree murder, arguing that the district court committed reversible error when it submitted Iowa Code section 704.2B(2) as a jury instruction over her objection at trial. OPINION HOLDS: Weiner has not preserved error on her constitutional arguments. And since the challenged instruction is a correct statement of law, applies to the facts here, and is not embodied elsewhere in the instructions, we affirm Weiner’s conviction and sentence.
