For summaries from opinions prior to August, 2018, view PDF versions here.
State of Iowa
v.
Braden Alan Johnson
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:
Date Published:
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.