from the Iowa District Court for Scott County, Thomas G.
defendant appeals his conviction for conspiracy to commit the
forcible felony of robbery. AFFIRMED.
C. Smith, State Appellate Defender, and Brenda J. Gohr,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Doyle and Tabor, JJ.
any means necessary." That's how Kendale Turner,
Jazmond Turner and Keenan Lewis agreed to steal marijuana
from Ramon March, according to Kendale's testimony for
the prosecution at Jazmond's bench trial. The district
court found Jazmond guilty of conspiracy to commit the
forcible felony of robbery. On appeal, Jazmond contends the
State did not present sufficient evidence to corroborate
Kendale's accomplice testimony about the agreement and
did not show the agreement was to commit a robbery rather
than a theft. Jazmond also argues he cannot be guilty of
conspiring to rob Ramon because Ramon could not legally own
the marijuana. Because the record contains substantial
evidence to prove Jazmond's guilt beyond a reasonable
doubt, we affirm.
Facts and Prior Proceedings
and Keenan are brothers; Kendale is their cousin. One evening
in late August 2015, they were "hanging out" on
Pershing Avenue in Davenport. They saw Ramon, who they knew
sold marijuana, take something out of his trunk and enter the
house where he lived with his father, Raymond March. Kendale
recalled discussing with his two companions a plan to take
marijuana from Ramon without paying for it. To be sure
nothing went wrong and they left the house with the
marijuana, they decided Jazmond and Keenan would enter the
house to outnumber Ramon while Kendale waited in his silver
Chevy Impala to aid the getaway. After leaving his two
companions at the March house, Kendale parked near the
Sav-A-Lot grocery store a few blocks away.
Raymond was across the street talking with a neighbor as he
saw his son go into the house with two young men who pulled
up in a Chevy. When the two men came back out, one was
carrying several shoe boxes. A few moments later, Ramon
emerged from the house and ran toward his father looking
scared and saying he had been robbed at gunpoint. As a first
instinct, Raymond yelled "drop my son's shit"
and started to chase the young men, but he soon gave up. He
testified: "I'm sixty years old. I knew I
couldn't catch them." Raymond saw the pair run up an
alley and get into a silver Impala.
to Kendale, after he picked up Jazmond and Keenan, they drove
to another friend's house with the marijuana stolen from
Ramon. A few hours later, they returned to the alley to
retrieve three or four pairs of "Jordans" kept in
the shoeboxes that Keenan had stashed in a dumpster.
the Marches called the police to report a robbery. Davenport
police officers interviewed both Ramon and Raymond at their
home. During the follow-up investigation, the Marches both
identified Jazmond and his accomplices from photographic
January 2016, the State filed a joint trial information,
charging Keenan, Jazmond, and Kendale with robbery in the
first degree and conspiracy to commit a forcible felony. The
State also charged Jazmond with possession of a firearm as a
felon. Jazmond waived his right to a jury trial and was tried
jointly with Keenan. In exchange for a plea deal, Kendale
agreed to testify for the State at the April 18 bench trial.
After hearing testimony from Kendale, Raymond, and several
police officers, the district court acquitted Jazmond on the
robbery and felon-in-possession counts, but it found him
guilty of conspiring to commit the forcible felony of robbery
in violation of Iowa Code section 706.3(1) (2015). Jazmond
appeals that conspiracy conviction.
Scope and ...