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Case No. 23-1949

State of Iowa
v.
Frank John Berwanger, IV

County:
Delaware

Appellee

State of Iowa

Appellant

Frank John Berwanger, IV

Attorney for the Appellee

Anagha Dixit, Assistant Attorney General

Attorney for the Appellant

Matthew L. Noel

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1949
Date Published:
Feb 05, 2025
Summary

            Appeal from the Iowa District Court for Delaware County, William Patrick Wegman and Monica Zrinyi Ackley, Judges.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            A jury convicted Frank Berwanger of criminal mischief, interference with official acts, and eluding.  Berwanger challenges a ruling on his motion to suppress claiming the initial traffic stop was unlawful, argues the State failed to present sufficient evidence to support his criminal mischief conviction, and claims the district court erred by refusing to submit a self-defense instruction to the jury.  OPINION HOLDS: The district court committed no errors in finding there was substantial evidence supporting Berwanger’s conviction for criminal mischief, that the motion to suppress was without merit, and that Berwanger was not entitled to a justification jury instruction.  We affirm.

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