Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Jackson

Court of Appeals of Iowa

October 10, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
TRAE D. JACKSON, Defendant-Appellant.

          Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge (sentencing), and Christine Dalton Ploof, District Associate Judge (trial).

         Trae Jackson appeals following his convictions for operating while under the influence, third offense; driving while barred; and unlawful possession of a prescription drug. REVERSED IN PART, SENTENCES VACATED, AND REMANDED FOR RESENTENCING.

          Zeke R. McCartney of Reynolds & Kenline, LLP, Dubuque, for appellant.

          Thomas J. Miller, Attorney General, and Sharon K. Hall, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Vogel and Tabor, JJ.

          DANILSON, CHIEF JUDGE.

         Trae Jackson appeals following his convictions for operating while under the influence, third offense; driving while barred; and unlawful possession of a prescription drug. He challenges the sufficiency and weight of the evidence that he was operating a vehicle. We reverse and remand the convictions of operating while under the influence and driving while barred because there is not substantial evidence Jackson was "operating" the vehicle. We vacate the sentences imposed, and remand for dismissal of those charges and for resentencing.[1]

         I. Background Facts and Proceedings.

         At about 9:30 p.m. on May 12, 2017, Joseph Mahieu heard a loud crash outside his Davenport home and looked out a window to see a car-later identified as a Camry-had crashed into the back of a pickup truck parked along the curb, pushing the pickup up onto the curb. The front end of the Camry had extensive damage and was resting against the back of the pickup, and its bumper was lying in the street. Mahieu "figured somebody is hurt really bad here, so I had the wife call the ambulance." He then unlocked his door and looked out. Mahieu stated he went outside and observed one person wearing a "light-colored shirt" standing near the front bumper on the driver's side of the Camry and back bumper of the pickup, "because they were one." Mahiew observed another "skinnier" and taller person about fifteen feet away from the car on the passenger side. Mahieu stated, "[T]hey were in the midst of leaving at the time as I was coming outside." Mahieu ran "halfway cross the street" and called to one of the men that he had "called the ambulance for you guys." The two people who had been near the car left the area in different directions.

         Mahieu then ran back to his house, asked his wife to call police, and then went back outside and joined two neighbors. After looking at the crashed car, the neighbors walked down a nearby dark alley. Mahieu stated:

We heard somebody in the backyard of one of the fences, and we kind of just hung out there for a second. And we walked down as we heard the noise, and all of the sudden this guy comes up over the top of a six foot fence, lands smack dab on his back right in front of us. It kind of scared the tar out of us.

         That man was wearing a light-colored shirt but Mahieu could not say it was the same person he had seen standing on the driver's side of the crashed car. Mahieu, the other neighbors, and the person who came over the fence walked back to the car scene.

         A short time later, Mahieu spoke to a police officer but was unable to identify either of the people he had seen near the car. At trial, Mahieu could not say that the person who came over the fence was one of the two people he had seen near the crashed car.

         Davenport Officer Joel Griffin arrived at the crash scene at 9:36 p.m. and observed a silver Toyota Camry that had rear-ended a parked, green Ford F-150 pickup, pushing it up onto the curb. The ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.