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Case No. 23-0854

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

State of Iowa
v.
David Duane Boley

County:
Appanoose

Appellee

State of Iowa

Appellant

David Duane Boley

Attorney for the Appellee

Joseph D. Ferrentino, Assistant Attorney General

Attorney for the Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0854
Date Published:
Feb 21, 2024
Summary

            Appeal from the Iowa District Court for Appanoose County, Greg Milani, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. (6 pages)

            David Duane Boley appeals his convictions and sentences on charges of sexual abuse and incest, contending there is insufficient evidence supporting his convictions and the trial court abused its discretion when sentencing.  OPINION HOLDS: Because substantial evidence supports the verdicts, we affirm his convictions.  But because the trial court abused its discretion when imposing fines, we vacate this portion of the sentence and remand for limited resentencing on this issue.

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