IN THE COURT OF APPEALS OF IOWA
No. 12-1488
Filed July 30, 2014
STATE OF IOWA,
Plaintiff-Appellee,
vs.
BRIAN MICHAEL KENNEDY,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Des Moines County, Michael G.
Dieterich, District Associate Judge.
Brian Kennedy appeals his conviction for driving while revoked.
AFFIRMED.
R. A. Bartolomei of Bartolomei & Lange, P.L.C., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kyle P. Hanson, Assistant Attorney
General, Patrick C. Jackson, County Attorney, and Lisa Schaefer, Assistant
County Attorney, for appellee.
Considered by Vaitheswaran, P.J., and Tabor and Bower, JJ.
2
VAITHESWARAN, P.J.
Brian Kennedy appeals his conviction for driving while revoked arising
from a stop on June 26, 2011. He contends:
The district court erred in permitting the admission of the
certified abstract of driving record and all the attachments including
affidavits of mail service of the required notices of revocation,
without requiring the State to produce the attesting witnesses from
the office of driver services to testify and be subject to cross-
examination as required under the Confrontation Clause of the
Sixth Amendment to the United States Constitution, and under
Article 1, Section 10 of the Iowa Constitution.
Kennedy concedes “the issue in this case is identical to the issue in State v.
Kennedy, Court No. 11-1685,” a separate appeal from a prior driving-while-
revoked conviction.
The Iowa Supreme Court recently resolved that appeal. See State v.
Kennedy, 846 N.W.2d 517 (Iowa 2014). The court held the admission of the
certified abstract of Kennedy’s driving record did not violate the Confrontation
Clauses of the United States or Iowa Constitutions. Id. at 525. This holding
controls the disposition of Kennedy’s present appeal, to the extent he challenges
the admission of the certified driving record.
With respect to Kennedy’s challenge to the admission of affidavits of
mailing, no affidavits were attached to the certified driving record admitted in this
case. Accordingly, we need not address the issue.
We affirm Kennedy’s judgment and sentence for driving while revoked.
AFFIRMED.