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State of Iowa
v.
Trae D. Jackson
Appellee
State of Iowa
Appellant
Trae D. Jackson
Attorney for the Appellee
Sharon K. Hall, Assistant Attorney General
Attorney for the Appellant
Zeke R. McCartney
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge, And Christine Dalton Ploof, District Associate Judge. REVERSED IN PART, SENTENCES VACATED, AND REMANDED FOR RESENTENCING. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Danilson, C.J. (10 pages)
Trae Jackson appeals following his convictions for operating while under the influence, third offense; driving while barred; and unlawful possession of a prescription drug. He challenges the sufficiency and weight of the evidence that he was operating a vehicle. OPINION HOLDS: We reverse and remand the convictions of operating while under the influence and driving while barred because there is not substantial evidence Jackson was “operating” the vehicle. We vacate the sentences imposed, and remand for dismissal of those charges and for resentencing on the conviction for unlawful possession of a prescription drug.