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Case No. 22-1832

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

State of Iowa
v.
Sharon Kay Collins

County:
Boone

Appellee

State of Iowa

Appellant

Sharon Kay Collins

Attorney for the Appellee

Joseph D. Ferrentino, Assistant Attorney General

Attorney for the Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1832
Date Published:
May 08, 2024
Summary

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, Judge.  AFFIRMED.  Considered by Bower, C.J., Buller, J., and Mullins, S.J.  Opinion by Mullins, S.J. (11 pages)

            Sharon Collins appeals her convictions on two counts of child endangerment and the sentences imposed.  As to the convictions, she argues the evidence was insufficient to support one of the alternative theories for guilt.  In relation to this challenge, she argues the savings statute for general verdicts—Iowa Code section 814.28 (2021)—is unconstitutional, and she is therefore entitled to a new trial.  As to the sentences, Sharon argues the “court impermissibly considered the [presentence investigation report’s] references to [her] difficulties with problem solving and decision-making as aggravating rather than mitigating factors.”  OPINION HOLDS: We affirm the convictions as supported by substantial evidence.  As a result, we need not address the challenge to the constitutionality of Iowa Code section 814.28.  Finding no abuse of discretion in sentencing, we affirm the sentences imposed.

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