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State of Iowa
v.
Stephen Joshua Wilson
Appellee
State of Iowa
Appellant
Stephen Joshua Wilson
Attorney for the Appellee
Nick Siefert and Kyle Hanson, Assistant Attorneys General
Attorney for the Appellant
Elena M. Greenberg
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Adair County, Stacy Ritchie, Judge. CONVICTION AND SENTENCE CONDITIONALLY AFFIRMED, RULING VACATED AND REMANDED. Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (10 pages)
Stephen Johnson Wilson appeals his conviction of disarming a peace officer, arguing the evidence is insufficient and the conviction is contrary to the weight of the evidence. OPINION HOLDS: Because substantial evidence supports the verdict, we affirm conditionally. But because the trial court applied the incorrect standard in ruling on his motion for new trial, we reverse and remand for the trial court to consider the motion applying the correct standard.