State of Iowa
v.
Donovan Lee Erickson
Appellee
State of Iowa
Appellant
Donovan Lee Erickson
Attorney for the Appellee
Katherine Wenman, Assistant Attorney General
Attorney for the Appellant
Shellie L. Knipfer, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Boone County, Amy M. Moore, Judge. AFFIRMED AND REMANDED WITH DIRECTIONS TO ENTER NUNC PRO TUNC ORDER. Considered by Greer, P.J., and Buller and Langholz, JJ. Opinion by Buller, J. (4 pages)
A criminal defendant appeals his conviction for felon in possession of a firearm, arguing he was entitled to a necessity instruction because he claimed he was moving the gun from a table where children might access it. And the parties stipulate to an error in the sentencing order. OPINION HOLDS: Finding no legal error in the district court’s denial of the necessity instruction and that a nunc pro tunc order is appropriate to address the sentencing issue, we affirm and remand with directions to enter a nunc pro tunc order.
