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IN THE COURT OF APPEALS OF IOWA No. 2-395 / 10-0552 Filed June 13, 2012 STATE OF IOWA, Plaintiff-Appellee, vs. FREDRICK THOMAS KIRBY, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Black Hawk County, James D. Coil, District Associate Judge.

Fredrick Kirby appeals his conviction of criminal mischief in the fourth degree. AFFIRMED.

Mark C. Smith, State Appellate Defender, and Robert P. Ranschau, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brian Williams, Assistant County Attorney, for appellee.

Considered by Eisenhauer, C.J., and Potterfield and Mullins, JJ.

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MULLINS, J. Fredrick Kirby appeals his conviction of criminal mischief in the fourth degree. See Iowa Code

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