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State of Iowa
v.
Drew Allan Johnson
Appellee
State of Iowa
Appellant
Drew Allan Johnson
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Andrew C. Abbott
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Bremer County, Peter B. Newell, District Associate Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower,J. (8 pages)
Drew Johnson appeals his conviction for domestic abuse assault causing bodily injury, enhanced. OPINION HOLDS: We find there is substantial evidence in the record to support the jury’s verdict in this case. We affirm Johnson’s conviction for domestic abuse assault, but due to insufficiencies in the colloquy where he stipulated to a prior conviction, we reverse the determination this was a second offense and remand for further proceedings. In making this determination, we also vacate Johnson’s sentence for domestic abuse assault, enhanced. On remand, upon the conclusion of proceedings concerning the prior conviction, Johnson should be resentenced.
