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State of Iowa
v.
Kody Ryal Miller
Appellee
State of Iowa
Appellant
Kody Ryal Miller
Attorney for the Appellee
Thomas E. Bakke and Joshua A. Duden, Assistant Attorneys General
Attorneys for the Appellant
Priscilla E. Forsyth (until withdrawal)
Krisanne C. Weimer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Plymouth County, Tod Deck and James N. Daane, Judges. AFFIRMED. Considered by Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Tabor, P.J. (10 pages)
Kody Miller appeals his conviction for simple misdemeanor assault. He contends the district court erred in denying his motion to suppress DNA testing of his blood sample from an unrelated operating-while-intoxicated offense and asserts there was insufficient evidence supporting the verdict. OPINION HOLDS: The evidence the State offered supports his conviction for assault. And because the DNA evidence from his blood sample did not contribute to the jury’s verdict, its admission was harmless. We affirm the conviction.
