Appeal from the Iowa District Court for Black Hawk County, Joseph M. Moothart, District Associate Judge.
Mark Redd appeals his conviction for third-degree theft.
Mark C. Smith, State Appellate Defender, and Patricia Reynolds, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Thomas J. Ferguson, County Attorney, Shana Schwake, Assistant County Attorney, and Christopher Scott, Student Legal Intern, for appellee.
Considered by Eisenhauer, C.J., and Potterfield and Tabor, JJ.
Mark Redd appeals his conviction for third-degree theft, in violation of Iowa Code sections 714.1 and 714.2 (2011). He argues insufficient evidence supports the knowledge element of his theft conviction. Because the State presented ample documentary evidence and testimony from which a jury could infer Redd knew the status of his account when he wrote checks, sufficient evidence supports his conviction.
I. Background Facts and Proceedings
On March 3, 2010, Redd and Amanda Mitts opened a checking account through Wells Fargo Bank. Redd deposited $250 and directed his income— roughly $700 per month in social security disability and supplemental security income—to be deposited in the account. Mitts, who was Redd's live-in fiancée during spring 2010, had no income and contributed nothing to the account. Redd and Mitts had equal, unfettered access to the account.
Between March 20 and April 4, 2010, Mitts withdrew $570 and wrote a check for $144, and Redd wrote checks totaling $838, causing the account to become overdrawn. An April 13, 2010 statement revealed a balance of -$212.
Between April 20 and April 28, 2010, Redd wrote seven checks totaling $264.27 to purchase fuel and various sundries from multiple Kwik Trip stores.All seven checks were returned for insufficient funds. Wells Fargo notified Redd his account contained insufficient funds to pay on the instruments, and Kwik Trip contacted him to set up a payment plan. Although Redd told Kwik Trip he would repay the company in forty-dollar monthly increments beginning on June 3, 2010, over the next year, he never made any payments.
On June 3, 2011, the State filed a trial information charging Redd with theft in the fourth degree, in violation of Iowa Code sections 714.1(6) and 714.2(4). A jury trial began April 24, 2012.
On April 26, 2012, the State filed an amended trial information to enhance the original charge to theft in the third degree, alleging two previous theft convictions. The same day, the jury returned a guilty verdict for theft in the fourth degree. Redd acknowledged his previous convictions enhanced the charge to third-degree theft, and on July 18, 2012, he was sentenced to a term of imprisonment not to exceed ...