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State of Iowa
v.
Lee Vandyke Carter
Appellee
State of Iowa
Appellant
Lee Vandyke Carter
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Winnebago County, James M. Drew, Judge. CONVICTIONS AFFIRMED; SENTENCES REVERSED AND REMANDED. Considered by Tabor, P.J., Badding, J., and Carr, S.J. Opinion by Carr, S.J. (9 pages)
Lee Carter appeals from his convictions, sentence, and judgment for false imprisonment and sexual abuse in the third degree following a jury trial. Carter argues the charge of false imprisonment was not proper to submit as a lesser-included offense of the original charge of kidnapping in the first degree, the trial court erred in failing to grant a mistrial due to the admission of prior bad acts evidence, and the trial court inappropriately imposed a mixed sentence of both prison and jail. OPINION HOLDS: We affirm Carter’s convictions; we reverse his sentences and remand for resentencing.
