STATE v. BIRTH

No. 98-1528.

604 N.W.2d 664 (2000)

STATE of Iowa, Appellee, v. Demetrius Level BIRTH, Appellant.

Supreme Court of Iowa.

January 20, 2000.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Robert P. Ranschau, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, John P. Sarcone, County Attorney, and Susan Cox, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., CARTER, NEUMAN, and CADY, JJ., and HARRIS, S.J.


HARRIS, Senior Judge.

The district court allowed the State to use a deferred judgment to impeach a defense witness in this criminal prosecution. The ruling, allowing the evidence, is the sole issue in this appeal. Because we find no reason to interfere with the ruling, we affirm.

The State charged defendant Demetrius Level Birth with domestic abuse and related offenses. During trial Birth called his cousin, Jackie...

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