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State v. Olsen

Court of Appeals of Iowa

February 5, 2014

STATE OF IOWA, Plaintiff-Appellee,
v.
ERIC SCOTT OLSEN, Defendant-Appellant

Editorial Note:

This decision has been referenced in a "Decisions Without Published Opinions" table in the North Western Reporter.

Appeal from the Iowa District Court for Scott County, Gary D. McKenrick, Judge. Eric Olsen appeals his convictions for homicide by vehicle and leaving the scene of an accident.

Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kyle P. Hanson, Assistant Attorney General, Michael H. Walton, County Attorney, and Kim Shepherd, Assistant County Attorney, for appellee.

Considered by Doyle, P.J., and Tabor and Bower, JJ.

OPINION

DOYLE, P.J.

Eric Olsen appeals his convictions for homicide by vehicle-recklessness, in violation of Iowa Code section 707.6A(2)(a) (2011), and leaving the scene of a fatality accident, in violation of sections 321.261 and 321.263. Olsen claims the evidence was insufficient to support the jury's findings of guilt. Olsen also takes issue with several evidentiary rulings by the district court. We affirm.

I. Sufficiency of the Evidence

The jury was instructed that the State would have to prove the following elements of homicide by vehicle:

1. On or about the 17th day of January, 2011, the defendant operated a motor vehicle in a reckless manner.
2. The defendant's recklessness unintentionally caused the death of Wanda Weldy.

The jury was instructed that the State would have to prove the following elements of leaving the scene of a fatality accident:

1. On or about the 17th day of January, 2011, the defendant was the driver of motor vehicle which was involved in an incident which resulted in the death of another person.
2. The defendant knew that the other person suffered serious ...

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