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State of Iowa
v.
Eric Guadalupe Davila
Appellee
State of Iowa
Appellant
Eric Guadalupe Davila
Attorney for the Appellee
Kelli A. Huser, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (9 pages)
Eric Davila appeals his conviction and sentence for second-degree murder. OPINION HOLDS: The district court did not abuse its discretion in denying a motion for mistrial based on a violation of a motion in limine because there was no violation. Davila’s trial counsel was not ineffective for failing to object to a jury instruction because it accurately stated the law. The district court considered his ability to pay before ordering restitution.
