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State v. Dunn-Gridley

Court of Appeals of Iowa

April 19, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
DAWN DENISE DUNN-GRIDLEY, Defendant-Appellant.

          Appeal from the Iowa District Court for Van Buren County, Randy S. DeGeest, Judge.

         Dawn Dunn-Gridley appeals from her conviction after a jury trial for three counts of prohibited acts. AFFIRMED.

          Monte M. McCoy of McCoy Legal Services, Centerville, for appellant.

          Thomas J. Miller, Attorney General, and Richard J. Bennett, Assistant Attorney General, for appellee.

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

          DANILSON, Chief Judge.

         Dawn Dunn-Gridley appeals from her conviction after a jury trial for three counts of prohibited acts, class "C" felonies, in violation of Iowa Code sections 124.401(1)(c)(8), 155A.23, and .24 (2014). Dunn-Gridley asserts there is insufficient evidence to support her convictions.[1] Because we find Dunn- Gridley's convictions are supported by substantial evidence, we affirm.

         Dunn-Gridley was charged with three counts of prohibited acts for obtaining a prescription drug-Percocet-under the name of her husband, Donald Gridley (Donald), on three occasions (in October, November, and December 2014) while Donald was incarcerated. After a jury trial held March 29-30, 2016, Dunn-Gridely was found guilty on all three counts. She now appeals.

         We review claims of insufficient evidence for correction of errors at law. State v. Williams, 695 N.W.2d 23, 27 (Iowa 2005).

We uphold a verdict if substantial evidence supports it. "Evidence is substantial if it would convince a rational fact finder that the defendant is guilty beyond a reasonable doubt." Substantial evidence must do more than raise suspicion or speculation. We consider all record evidence not just the evidence supporting guilt when we make sufficiency-of-the-evidence determinations.
However, in making such determinations, we also view the "evidence in the light most favorable to the State, including legitimate inferences and presumptions that may fairly and reasonably be deduced from the record evidence."

State v. Quinn, 691 N.W.2d 403, 407 (Iowa 2005) (internal citations omitted).

          To prove Dunn-Gridley committed the crime of prohibited acts, the State was required to show that she "[o]btain[ed] or attempt[ed] to obtain a prescription drug" by "[e]ngaging in fraud, deceit, misrepresentation, or subterfuge, " or by "[c]oncealing a material fact." Iowa Code § 155A.23(1)(a)(1), (3).

         Dunn-Gridley admits she obtained the prescription drugs under Donald's name on the three occasions in question. However, Dunn-Gridley contends there is insufficient evidence to show she engaged in fraud, deceit, ...


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