from the Iowa District Court for Polk County, Robert J.
defendant appeals his convictions for involuntary
manslaughter and delivery of a controlled substance.
C. Smith, State Appellate Defender, and Nan Jennisch,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Darrel L. Mullins, Assistant
Attorney General, for appellee.
by Vaitheswaran, P.J., and Doyle and Mullins, JJ.
VAITHESWARAN, PRESIDING JUDGE.
West and his brother visited a friend at her West Des Moines
apartment. Early in the morning, they found the friend
unresponsive in the bathroom. West called 911. The woman was
transported to the hospital, where she died the same morning.
Autopsy results confirmed the presence of lethal amounts of
heroin in her system.
State charged West with involuntary manslaughter and delivery
of a controlled substance. A jury found him guilty as
appeal, West argues (1) the evidence was insufficient to
support the findings of guilt, (2) the district court erred
in admitting certain "bad acts" evidence, and (3)
the district court erred by failing to merge West's
convictions at sentencing.
Sufficiency of the Evidence
jury was instructed that the State would have to prove the
following elements of involuntary manslaughter:
1. On or about June 5, 2015, the defendant recklessly
committed the crime of delivery of a controlled substance.
2. When the defendant committed the crime, the defendant
unintentionally caused the death of [a woman].
jury also was instructed the State would have to prove the
following elements of delivery of a controlled substance:
1. On or about June 5, 2015, the defendant delivered a