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IN THE COURT OF APPEALS OF IOWA No. 9-866 / 09-0639 Filed December 17, 2009 STATE OF IOWA, Plaintiff-Appellee, vs. DENISE HARMON, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Colin J. Witt, Judge.

Appeal from conviction of wanton neglect of a resident of a health care facility. REVERSED AND REMANDED.

Mark C. Smith, State Appellate Defender, and David Arthur Adams, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, John P. Sarcone, County Attorney, and Celene Gogerty, Assistant County Attorney, for appellee.

Considered by Sackett, C.J., Vaitheswaran and Danilson, JJ.

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SACKETT, C.J. Defendant-appellant, Denise Harmon, appeals from her conviction of wanton neglect of a resident of a health care facility. She contends trial counsel was ineffective in not objecting to irrelevant prior-bad-acts evidence. We reverse and remand for new trial. Background. Appellant, a former employee of a health care facility, was charged by trial information with two counts of wanton neglect of a resident of a health care facility, in violation of Iowa Code section 726.7 (2007). The trial information alleged the crimes occurred on or about September

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