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STATE v. HEEMSTRA

No. 07-0983.

759 N.W.2d 151 (2008)

STATE of Iowa, Plaintiff-Appellee, v. Rodney NEIL HEEMSTRA, Defendant-Appellant.

Court of Appeals of Iowa.

October 29, 2008.

Attorney(s) appearing for the Case

Joseph J. Hrvol, P.C., Council Bluffs, and David E. Richter, Council Bluffs, for appellant.

Thomas J. Miller, Attorney General, Darrel Mullins and Douglas D. Hammerand, Assistant Attorneys General, and Bryan Tingle, County Attorney, for appellee.

Heard by VOGEL, P.J., and MAHAN and MILLER, JJ.

MAHAN, J.

Rodney Heemstra appeals following his conviction of voluntary manslaughter in violation of Iowa Code section 707.4 (2001). He contends the district court erred in denying his motion to dismiss. We affirm.

Heemstra contends the Iowa Supreme Court's reversal of his conviction of first-degree murder in State v. Heemstra, 721 N.W.2d 549 (Iowa 2006) (Heemstra I), constituted an acquittal such that his...

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