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Case No. 22-1969

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

State of Iowa
v.
Braden Alan Johnson

County:
Hamilton

Appellee

State of Iowa

Appellant

Braden Alan Johnson

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Ella M. Newell, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1969
Date Published:
Mar 27, 2024
Summary

            Appeal from the Iowa District Court for Hamilton County, Hans Becker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Dissent by Tabor, P.J.  (20 pages)

           

            A defendant appeals his criminal convictions and sentence imposed, arguing the convictions are not supported by substantial evidence and the court abused its discretion in sentencing.  OPINION HOLDS: We affirm, concluding the convictions are supported by substantial evidence and the sentences are not the product of an abuse of discretion.  DISSENT ASSERTS: I respectfully dissent from the majority’s decision finding sufficient evidence to support the convictions.  I disagree that the State offered much if any evidence to show the defendant could form the specific intent to assault a jailer or damage property.  Instead, the State conveyed to the jury an inaccurate view of the defendant’s diminished responsibility defense.  Because the evidence at trial revealed a failure to recognize an inmate’s mental-health crisis rather than the inmate’s specific intent for assault or damage to property, I would reverse his convictions.

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