State v. Batten, 58594
Decision Date | 16 February 1977 |
Docket Number | No. 58594,58594 |
Citation | 249 N.W.2d 865 |
Parties | STATE of Iowa, Appellee, v. Jonathan W. BATTEN, Appellant. |
Court | Iowa Supreme Court |
Appeal from Scott District Court, Lowell D. Phelps, Judge.
Loren Thomas Hora, Davenport, for appellant.
Richard C. Turner, Atty. Gen., Lee M. Jackwig, Asst. Atty. Gen., and Edward N. Wehr, County Atty., for appellee.
On this appeal from a conviction and sentence for a violation of § 204.401(a), The Code, Chief Justice MOORE and Justices LeGRAND, UHLENHOPP and HARRIS favor affirming the judgment of the trial court. Justices MASON, RAWLINGS, REYNOLDSON and McCORMICK favor a reversal. Justice REES takes no part.
As the court stands equally divided, the judgment is AFFIRMED by operation of law under § 684.10, The Code.
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Batten v. Scurr
...not more than ten years imprisonment. His conviction was affirmed without opinion by an equally divided Iowa Supreme Court, State v. Batten, 249 N.W.2d 865 (Iowa), cert. denied, 434 U.S. 834, 98 S.Ct. 122, 54 L.Ed.2d 96 (1977). See Iowa Code Ann. § 684.10. The federal district court determi......