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Case No. 21-0457

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

State of Iowa
v.
Adam Slade Roe

Appellee

State of Iowa

Appellant

Adam Slade Roe

Attorneys for Appellee

Linda J. Hines, Assistant Attorney General

Attorneys for Appellant

Josh Irwin, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0457
Date Published:
Jul 20, 2022
Summary

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J. (14 pages)

            Adam Roe appeals from his convictions and sentences for criminal mischief and assault.  OPINION HOLDS: Any error in the jury instructions did not result in prejudice, and the evidence is sufficient to support Roe’s convictions for criminal mischief in the second degree and assault, so we affirm his convictions.  However, the record does not contain a required waiver of in-person sentencing.  Therefore, we vacate Roe’s sentences and remand for resentencing, do not address the suspension of fines, and direct the court to not impose certain surcharges on resentencing.

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