State of Iowa
v.
Bryant Matthew Wallace
Appellee
State of Iowa
Appellant
Bryant Matthew Wallace
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge. CONVICTIONS AND SENTENCES AFFIRMED IN PART AND VACATED IN PART, AND REMANDED FOR ENTRY OF CORRECTED JUDGMENT AND SENTENCE. Considered without oral argument by Badding, P.J., Langholz, J., and Telleen, S.J. Opinion by Telleen, S.J. (7 pages)
Bryant Wallace appeals his conviction and sentence, challenging the sufficiency of the evidence supporting his conviction for intimidation with a dangerous weapon with intent (Count I). He also asserts the district court erred by imposing an uncharged sentencing enhancement and by failing to merge his conviction for conspiracy (Count III) with his conviction under Count I. OPINION HOLDS: We find substantial evidence supports the jury’s verdict on Count I, and so we affirm Wallace’s conviction for intimidation with a dangerous weapon with intent. As for the sentencing claims, we reject Wallace’s challenge to the mandatory minimum but vacate his conviction under Count III. We remand this case for entry of a corrected judgment and sentence.
