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Case No. 17-1062

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

State of Iowa
v.
Eric Guadalupe Davila

Appellee

State of Iowa

Appellant

Eric Guadalupe Davila

Attorneys for Appellee

Kelli A. Huser, Assistant Attorney General

Attorneys for Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1062
Date Published:
Aug 15, 2018
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.

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