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State v. Brown

Court of Appeal of Iowa

August 7, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
ISIAC JOSEPH BROWN, Defendant-Appellant.

Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.

Isiac Brown appeals his judgment and sentence for two counts of forgery and one count of third-degree theft.

Judy L. Freking of Judy L. Freking P.C., Le Mars, for appellant.

Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, Patrick Jennings, County Attorney, and James Loomis, Assistant County Attorney, for appellee.

Considered by Vogel, P.J., and Vaitheswaran and Bower, JJ.

VAITHESWARAN, J.

Isiac Brown appeals his judgment and sentence for two counts of forgery and one count of third-degree theft. He contends: (1) there is insufficient evidence to support the jury's finding of guilt on one of the forgery counts, (2) the district court erred in overruling his foundational objection to the admission of a trial exhibit, and (3) his trial attorney provided ineffective assistance.

I. Sufficiency of the Evidence

The jury was instructed that the State would have to prove the following elements of one of the forgery counts:

1. On or about the 16th day of June, 2009, the defendant made, completed, executed, authenticated, issued or transferred check #1449 on the account of Magdalene Lucas Revocable Trust with Central Bank;
2. Without Bruce Lucas' and/or Magdalene Lucas Revocable Trust's authority the defendant made check #1449 appear to be the act of Bruce Lucas and/or Magdalene Lucas Revocable Trust.
3. a. The Defendant specifically intended to defraud or injure Bruce Lucas and/or Magdalene Lucas Revocable Trust and/or Central Bank.
and/or b. The Defendant knew the act would facilitate fraud or injury.

Brown contends the evidence was insufficient to establish that he was the person who forged the check. A reasonable ...


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