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Case No. 21-0522

State of Iowa
v.
Dalton Wayne Cook

Defendant appealed from the judgment and sentence entered on his convictions of first-degree robbery, first-degree burglary, and willful injury causing serious injury. Defendant contended: (1) the evidence was insufficient to support his conviction for willful injury causing serious injury; and (2) the district court erred by failing to merge the willful injury and first-degree robbery convictions. The court of appeals affirmed. Defendant seeks further review.

County:
Wapello
Trial Court Case No.:
FECR011673

Resister

State of Iowa

Applicant

Dalton Wayne Cook

Attorneys for the Resister

Thomas E. Bakke
Joshua A. Duden

Attorney for the Applicant

Denise M. Gonyea

Supreme Court

Oral Argument Schedule

Non-Oral

Sep 14, 2023 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
21-0522
Date Published:
Oct 20, 2023
Date Amended:
Jan 02, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0522
Date Published:
Dec 07, 2022
Summary

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Dalton Cook appeals his conviction and sentence on a charge of willful injury causing serious injury.  OPINION HOLDS: I. Viewing the evidence in the light most favorable to upholding the verdict, a reasonable fact finder could conclude Cook aided and abetted in the shooting that establishes Cook’s willful-injury conviction.  II. We reject Cook’s claim that the district court imposed an illegal sentence by failing to merge his willful-injury and robbery convictions for the same reasons we rejected an identical claim raised on direct appeal by his codefendant.

Other Information

Date Further Review is Granted:
Mar 14, 2023
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