STATE OF IOWA, Plaintiff-Appellee, vs. GREGORY PHINTON GLENN, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 8-058 / 06-2017
Filed February 13, 2008
STATE OF IOWA,
Plaintiff-Appellee,
vs.
GREGORY PHINTON GLENN,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Scott County, J. Hobart Darbyshire,
Judge.
A defendant appeals his conviction and sentence by the district court.
REVERSED AND REMANDED FOR NEW TRIAL.
Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant
Attorney General, Michael J. Walton, (Acting) County Attorney, and Joseph A.
Grubisich, Assistant County Attorney, for appellee.
Considered by Mahan, P.J., and Eisenhauer and Baker, JJ.
2
MAHAN, P.J.
Gregory Glenn appeals his convictions and sentences by the district court,
following a jury trial that found him guilty of assault under Iowa Code section
708.1 (count I) (2005) and domestic abuse assault causing bodily injury under
section 708.2A (count II). During the trial, the primary witness against Glenn was
the alleged victim, S.I. She did not appear for trial and did not testify. Prior
statements from S.I. during an interview by the State were admitted by the district
court as evidence against Glenn, over his Confrontation Clause objection to the
statements. See Crawford v. Washington, 541 U.S. 36, 42, 124 S. Ct. 1354,
1359, 158 L. Ed. 2d 177, 184-85, 203 (2004); State v. Bentley, 739 N.W.2d 296,
297-98 (Iowa 2007). Following the guilty verdict, Glenn appeals his convictions
and sentences on the basis that admission of S.I.’s statements violated his Sixth
Amendment right under the Confrontation Clause. The State concedes that the
district court’s admission of this evidence was erroneous, violated Glenn’s
Confrontation Clause rights, and his convictions should be reversed.
As
requested by Glenn, we reverse his convictions for assault and domestic abuse
assault causing bodily injury and remand the case back to the district court for a
new trial. 1
REVERSED AND REMANDED FOR NEW TRIAL.
1
Glenn’s first assignment of error concerning the district court’s denial of his request to
enter a plea after jury selection is rendered moot by our reversal of his convictions, and
we do not address it.
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