Appeal from the Iowa District Court for Cerro Gordo County, Stephen P. Carroll and James M. Drew, Judges.
The opinion of the court was delivered by: Bower, J.
Jason Robison appeals his conviction on the charges of burglary in the third degree as a habitual offender, driving while barred, and theft in the third degree. AFFIRMED.
Considered by Eisenhauer, C.J., and Danilson and Bower, JJ.
Jason Robison appeals his conviction on the charges of burglary in the third degree as a habitual offender, driving while barred, and theft in the third degree. Robison argues there was insufficient evidence to establish the element of identity. Because we find sufficient evidence to support the convictions, we affirm.
I. Background Facts and Proceedings
On the morning of September 16, 2011, Denise Jeffrey observed an unfamiliar gold colored vehicle outside of a rural home and noticed a man walking around the residence. Denise contacted her husband, Randall Jeffrey, and asked him to investigate. Randall drove towards the residence and observed the gold vehicle stopped along a county road. A man was seen putting two long items into the vehicle. Pulling up alongside the vehicle, Randall asked the driver, who had moved to the driver's seat, what he was doing and heard the man reply, he was fine. Randall then asked the man what he was stealing. The man responded by driving off at a high rate of speed. Randall memorized the license plate and immediately contacted authorities.
Randall gave chase and located the car near a set of railroad tracks. The driver of the vehicle was seen discarding two long objects, later found to be firearms, into a field. The vehicle then drove away through the field and along the right-of-way.
During the investigation police contacted three witnesses to examine a photo line-up, only one witness positively identified Robison. Randall Jeffrey's initial police report, given minutes after the incident, was inconsistent with Robison's hair color, weight, and clothing. Robison was, however, positively identified by all witnesses at trial.
At the close of the evidence Robison made a motion for judgment of acquittal. The district court denied the motion, and the jury returned guilty verdicts.
Our review is for errors at law. State v. Donaldson, 663 N.W.2d 882, 885 (Iowa 2003).
The State argues Robison failed to preserve error on the issues raised on appeal. Issues must ordinarily be raised and decided by the district court before we will decide them on appellate review. Lamasters v. State, 821 N.W.2d 856, 862 (Iowa 2012). In the present matter, we are satisfied that the issues presented today were properly preserved. Robison made his motion and focused primarily upon the intent element of burglary. One of the major issues during trial, however, was identity. Robison moved for a directed verdict and argued that the State's evidence failed to prove ...