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Case No. 17-1903

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

State of Iowa
v.
Trae D. Jackson

Appellee

State of Iowa

Appellant

Trae D. Jackson

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Attorneys for Appellant

Zeke R. McCartney

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1903
Date Published:
Oct 10, 2018
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.  

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