For summaries from opinions prior to August, 2018, view PDF versions here.
State of Iowa
v.
David Duane Boley
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:
Date Published:
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.