For summaries from opinions prior to August, 2018, view PDF versions here.
State of Iowa
v.
Yarrell Arto Fisher Jr.
Appellee
State of Iowa
Appellant
Yarrell Arto Fisher Jr.
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Debra S. De Jong
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. CONDITIONALLY AFFIRMED AND REMANDED. Considered by Greer, P.J., Schumacher, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (13 pages)
In FECR353225, a jury found Yarrell Fisher Jr. guilty of third-degree burglary (count I), second-degree criminal mischief (count II), and third-degree harassment (count III). Fisher challenges his convictions on counts I and II, arguing the State presented insufficient evidence to support the convictions and the greater weight of credible evidence supports acquittal. Fisher was sentenced in FECR353225 and a second case, FECR352573, at a combined sentencing hearing; he challenges some of those sentences, claiming the district court abused its discretion in denying his request for probation and imposing incarceration. He also argues the court failed to state adequate reasons on the record for ordering him to serve the sentences in FECR353225 consecutive to the sentences imposed in FECR352573. OPINION HOLDS: Substantial evidence supports Fisher’s challenged convictions. However, because the district court applied the wrong standard on his motion for new trial, we conditionally affirm Fisher’s convictions and remand for the court to consider the motion for new trial, using the correct standard. If the court grants the motion, then Fisher shall receive a new trial. If the court denies the motion, Fisher’s convictions are affirmed. Assuming his convictions stand, we find no reversible error or abuse of discretion in the sentencing of Fisher.
