Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1697

State of Iowa
v.
Dale Robert Tournier

Dale Robert Tournier seeks further review from a court of appeals opinion that determined the trial court did not abuse its discretion in denying his motion for a new trial. The court of appeals additionally vacated the portion of his sentence imposing an obligation to pay the jail fees and remanded for a determination of his ability to pay a specified amount.

County:
Bremer

Resister

State of Iowa

Applicant

Dale Robert Tournier

Attorneys for Resister

Louis S. Sloven

Attorneys for Applicant

Brenda J. Gohr

Supreme Court

Oral Argument Schedule

Non-Oral

Apr 09, 2019 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
17-1697
Date Published:
Apr 26, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1697
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Bremer County, Christopher C. Foy, Judge.  CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART AND VACATED IN PART AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Dale Robert Tournier appeals his conviction and sentence for second degree sex abuse of a child under twelve, raising claims of district court abuse of discretion and fee imposition error.  OPINION HOLDS: We discern no abuse of discretion in the district court’s denial of a new trial and refusal to vacate the judgment and take new testimony.  We conclude the court’s failure to specify the amount of the jail fee was an abuse of discretion.  We vacate the portion of the sentence imposing an obligation to pay the jail fees and remand for a determination of Tournier’s ability to pay a specified amount.  We affirm the balance of the sentence.

Other Information

Date Further Review is Granted:
Mar 28, 2019

View archived opinions from prior to November 2017

© 2021 Iowa Judicial Branch. All Rights Reserved.