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Case No. 17-0914

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Fernando Lopez-Aguilar

Appellee

State of Iowa

Appellant

Fernando Lopez-Aguilar

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0914
Date Published:
Aug 15, 2018
Summary

           Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (21 pages)

            Lopez-Aguilar appeals his convictions arising out of a traffic accident.  On appeal, he (1) argues the district court abused its discretion when denying his motion for mistrial, (2) challenges the sufficiency of the evidence of his reckless conduct, (3) and makes several claims of ineffective assistance.  OPINION HOLDS: The district court did not abuse its discretion in denying the motion for mistrial.  Sufficient evidence supported a finding of recklessness.  All but one of Lopez-Aguilar’s ineffective-assistance claims fails.  On the remaining claim alleging counsel should have objected to allegedly inconsistent verdicts, we preserve the claim so that a complete record may be developed.

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