State of Iowa
v.
Tyler Lee Mills
Appellee
State of Iowa
Appellant
Tyler Lee Mills
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Jesse A. Macro, Jr.
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cass County, Richard H. Davidson, Judge. CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS. Considered without oral argument by Greer, P.J., Badding, J., and Potterfield, S.J. Opinion by Badding, J. (12 pages)
Tyler Mills appeals his conviction for third-offense stalking, challenging the denial of his motion for mistrial, the sufficiency of the evidence, and a sentencing enhancement that the district court imposed based on Mills’s stipulation to prior stalking convictions. OPINION HOLDS: We find no abuse of discretion in the court’s denial of Mills’s mistrial motion, and substantial evidence supports the disputed elements of his conviction. However, we agree with Mills that the district court’s colloquy failed to confirm that his stipulation to prior convictions was voluntary and intelligent. Therefore, we vacate Mills’s sentence and remand this case for further proceedings.
