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IN THE SUPREME COURT OF IOWA
No. 94 /05-0581 Filed December 15, 2006 STATE OF IOWA, Appellee, vs. ROBERT EDWIN DOHLMAN, Appellant. Appeal from the Iowa District Court for Mitchell County, Bryan H. McKinley, Judge.

Defendant appeals from a district court finding that he failed to establish he was a wrongfully imprisoned person. AFFIRMED.

Judith M. O'Donohoe of Elwood, O'Donohoe, Stochl, Braun & Churbuck, Charles City, for appellant.

Thomas J. Miller, Attorney General, William A. Hill, Assistant Attorney General, and Mark L. Walk, County Attorney, for appellee.

2 WIGGINS, Justice. In this case, we must decide whether Robert Dohlman proved he was a wrongfully imprisoned person under chapter 663A of the Iowa Code (Supp. 1997). 1 The district court found Dohlman was not a

wrongfully imprisoned person because he did not prove by clear and convincing evidence that he did not commit the offenses for which he was convicted, sentenced, and imprisoned or that any person, including himself, did not commit these offenses. In our review of the record, we find substantial evidence supports this finding and affirm the judgment of the district court. I. Background Facts and Proceedings. In the early morning hours of December 6, 1998, Dohlman's vehicle collided with a van driven by Jessica Sweeney. The collision

caused the death of her husband and passenger, James Sweeney. The collision also caused Jessica to suffer a broken vertebra and multiple fractures in her arm. The State charged Dohlman with homicide by vehicle, in violation of Iowa Code section 707.6A(1); homicide by vehicle, in violation of Iowa Code section 707.6A(2)(a); and two counts of serious injury by vehicle, in violation of Iowa Code section 707.6A(4). A jury convicted Dohlman of all four charges and the court sentenced Dohlman to a term of

imprisonment.

Although Dohlman appealed his conviction, he began

serving his sentence immediately because under Iowa law he was ineligible for bail. See Iowa Code

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