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Case No. 18-1729

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

State of Iowa
Michael G. Gerken


State of Iowa


Michael G. Gerken

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 03, 2020

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  JUDGMENT OF CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Gamble, S.J., takes no part.  Opinion by Vaitheswaran, P.J. (10 pages)

            Michael Gerken appeals his convictions of first-degree theft and ongoing criminal conduct, contending (1) the evidence was insufficient to support the jury’s findings of guilt, (2) the district court abused its discretion “in allowing the State to reopen the record to provide additional evidence on essential elements of ongoing criminal conduct,” (3) his trial attorney was ineffective in “handling the jury instructions for both offenses,” and (4) the district court erred in ordering “an unknown amount of attorney fees.”  OPINION HOLDS: We affirm Gerken’s convictions, and we vacate the provision in the order of disposition requiring Gerken to make restitution and remand for further proceedings. 

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