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Case No. 19-0148

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

State of Iowa
v.
Michael Wedgwood

Appellee

State of Iowa

Appellant

Michael Wedgwood

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0148
Date Published:
Jun 03, 2020
Summary

            Appeal from the Iowa District Court for Black Hawk County, Joel E. Dalrymple, Judge.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J. (8 pages)

            Michael Wedgwood appeals his conviction and sentence for assault on a peace officer and interference with official acts resulting in bodily injury.  OPINION HOLDS: The district court did not err in submitting jury instructions without language on justification because the record contains no basis to conclude Michael used reasonable force in response to the officers’ actions.  However, the court did not evaluate Michael’s reasonable ability to pay before ordering restitution.  We affirm his convictions, vacate the restitution order, and remand for resentencing.

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