Opinion
No. 17-1147
03-01-2019
Copies to: Mark Smith State Appellate Defender Martha Lucey Assistant Appellate Defender Lucas State Office Building Des Moines, IA 50319-0106 Kevin Cmelik Martha Trout Assistant Attorneys General Criminal Appeals Division Hoover State Office Building, 2nd Floor Des Moines, IA 50319-0106
Scott County No. FECR383233 ORDER
The court, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2017).
Waterman, Mansfield, and Christensen, JJ., would affirm the judgment of the district court; Cady, C.J., and Wiggins and Appel, J., would reverse the judgment of the district court. Copies to: Mark Smith
State Appellate Defender
Martha Lucey
Assistant Appellate Defender
Lucas State Office Building
Des Moines, IA 50319-0106 Kevin Cmelik
Martha Trout
Assistant Attorneys General
Criminal Appeals Division
Hoover State Office Building, 2nd Floor
Des Moines, IA 50319-0106