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Case No. 19-0892

State of Iowa
Derrick Earl Johnson

Derrick Johnson appeals following a jury trial and verdict finding him guilty of homicide by vehicle while operating under the influence, in violation of Iowa Code section 707.6A(1). Johnson argues: (1) the district court erred in denying his request to instruct the jury on the lesser-included offense of homicide by vehicle by reckless driving, (2) the district court erred in prohibiting him from presenting evidence that the victim was not in a car seat at the time of the crash and would have survived the crash if properly restraine,; and (3) the district court imposed an illegal sentence when it ordered Johnson to pay the DARE surcharge.

Black Hawk


State of Iowa


Derrick Earl Johnson

Attorney for the Appellee

Louis S. Sloven

Attorney for the Appellant

Mary K. Conroy

Supreme Court

Oral Argument Schedule


Sep 17, 2020 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Oct 23, 2020
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