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State of Iowa
v.
Jerrell M. Wilson
Appellee
State of Iowa
Appellant
Jerrell M. Wilson
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Vaitheswaran, P.J. (9 pages)
Jerell Wilson appeals from a jury trial wherein he was found guilty of (1) operating a vehicle while intoxicated, (2) eluding in the first degree, and (3) vehicular homicide by reckless driving or eluding, contending insufficiency of the evidence and failure to merge his OWI conviction with his eluding conviction. OPINION HOLDS: We hold because substantial evidence supported the jury’s findings, Wilson’s attorney did not breach an essential duty by failing to move for judgment of acquittal on grounds of failure to prove recklessness or causation. We also conclude the district court did not err in failing to merge the OWI conviction with the eluding conviction.
