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State v. Thomas

Court of Appeal of Iowa

December 18, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
DARON WAYNE THOMAS, Defendant-Appellant.

Appeal from the Iowa District Court for Polk County, Richard G. Blane II, Judge.

A defendant contends there was insufficient evidence to support a jury finding him guilty of first-degree robbery.

Nicholas A. Bailey of Bailey Law Firm, P.L.L.C., Mitchellville, for appellant.

Thomas J. Miller, Attorney General, Katie Fiala, Assistant Attorney General, John P. Sarcone, County Attorney, and Susan Cox, Assistant County Attorney, for appellee.

Considered by Danilson, C.J., and Vaitheswaran and Potterfield, JJ.

VAITHESWARAN, J.

A jury found Daron Thomas guilty of first-degree robbery in connection with the theft of money from a Check into Cash store in Des Moines. On appeal, Thomas contends the evidence was insufficient to support the jury's finding of guilt.

The jury was instructed that the State would have to prove the following elements of first-degree robbery:

1. On or about May 25, 2012, the Defendant had the specific intent to commit a theft.
2. To carry out his intention or to assist him in escaping from the scene, with or without the stolen property, the Defendant:
a. committed an assault on Sherry O'Neill and/or
b. threatened Sherry O'Neill and/or
c. put Sherry O'Neill in fear of immediate ...

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