IN THE SUPREME COURT OF IOWA

No. 17–1147

Scott County No. FECR383233

ORDER

STATE OF IOWA, Plaintiff-Appellee,

vs.

RODNEY L. HANNEMAN, Defendant-Appellant.

The court, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2017). Waterman, Mansfield, and Christensen, JJ., would affirm the judgment of the district court; Cady, C.J., and Wiggins and Appel, J., would reverse the judgment of the district court. See State v. Effler, 769 N.W.2d 880, 884 (Iowa 2009) (“[W]hen the supreme court is equally divided on an issue upon which the district court and court of appeals differ, the decision of the district court is affirmed by operation of law.”). Copies to:

Mark Smith State Appellate Defender Martha Lucey Assistant Appellate Defender Lucas State Office Building Des Moines, IA 50319–0106

Kevin Cmelik Martha Trout Assistant Attorneys General Criminal Appeals Division Hoover State Office Building, 2nd Floor Des Moines, IA 50319–0106