IN THE SUPREME COURT OF IOWA No. 17–0431 Scott County No. PCCE126221 ORDER TROY A. WILLIAMS, Petitioner-Appellant, vs. STATE OF IOWA, Respondent-Appellee.

The court, McDonald, J., taking no part, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2019).

Waterman, Mansfield, and Christensen, JJ., would affirm the judgment of the district court; Cady, C.J., and Wiggins and Appel, JJ., 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: Eric David Tindal Keegan and Farnsworth, PC East College Street, Suite 312 Iowa City, IA 52240 Kevin Cmelik Tyler Buller Assistant Attorneys General Criminal Appeals Division Hoover State Office Building, 2nd Floor Des Moines, IA 50319–0106