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State v. Jones

Court of Appeals of Iowa

December 5, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
TYRONE DARNELL JONES, Defendant-Appellant.

Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.

Tyrone Jones appeals his judgment and sentence for robbery in the second degree.

Mark C. Smith, State Appellate Defender, and Nan Jennisch, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, John P. Sarcone, County Attorney, and Chandra Peterson, Student Legal Intern, for appellee.

Considered by Vaitheswaran, P.J., and Doyle and Tabor, JJ.

DOYLE, J.

Tyrone Jones appeals his judgment and sentence for robbery in the second degree, in violation of Iowa Code sections 711.1 and 711.3 (2011). We affirm.

I. Background Facts and Proceedings

The State filed a trial information charging Tyrone Jones with robbery in the first degree for his alleged involvement in a March 2012 robbery of a Kum & Go convenience store in Des Moines. The jury could have found the following from the evidence presented at trial.

On the night of March 25, 2012, Troy Rivas was at home in Ankeny and "couldn't sleep." He took some extra prescription "anxiety and anti-psychotic medication, " but then "got a little crazy." At approximately 2:30 a.m., he drove to a Kum & Go near his house and "pulled out a knife and demanded money." The clerk behind the counter ran out of the store. Rivas drove back home without taking any money.

When he got back, he woke his girlfriend, Blair Wheatcraft, and told her "what happened." She did not believe him. Rivas "told her [he] just wanted to forget about it" and laid down. Then he got back up and called Tyrone Jones "to let him know what [he] did." Jones did not answer, but returned Rivas's call "like ten minutes later."

Rivas told Jones about the "robbery that [he] attempted." Jones told Rivas, "Well, I've got one we could rob in Des Moines." Rivas agreed to pick Jones up at "Sixth and Indiana, " the location he would "usually" meet Jones. Rivas knew Jones "[f]rom the streets" as "St. Louis." In the six months preceding the incident, Rivas had been in contact with Jones "[j]ust about every day" to "buy drugs from him."

At approximately 3:00 or 3:30 a.m., Rivas and Wheatcraft[1] drove to Des Moines. Rivas brought a "large cutting knife" from his house. When they got to Sixth and Indiana, Jones was "waiting on the street." Rivas moved to the passenger seat and Jones got in the driver's seat because "he [knew] the neighborhood real well." Wheatcraft sat in the backseat.

Jones "said he's got a place for [Rivas] to go which was Git-n-Go on 42nd Street." When they realized the Git-n-Go on 42nd Street was closed, Jones "said there's a ...


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