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State v. Randolph

Court of Appeals of Iowa

June 7, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
JAMAL L. RANDOLPH, Defendant-Appellant.

          Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.

         Jamal Randolph appeals his conviction for perjury, challenging the sufficiency of the evidence to support his conviction. AFFIRMED.

          Chad D. Primmer of Chad Douglas Primmer, P.C., Council Bluffs, for appellant.

          Thomas J. Miller, Attorney General, and Kevin Cmelik, Assistant Attorney General, for appellee.

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

          VAITHESWARAN, Judge.

         Jamal Randolph was involved in an altercation with his nephew, Roderick Banks. He told police Banks pulled a gun on him. At Banks' trial on charges of assault and felon in possession of a firearm, Randolph backtracked and, testifying for the defense, stated Banks never had a gun.

         The State charged Randolph with perjury. See Iowa Code § 720.2 (2015). A jury found him guilty. On appeal, Randolph challenges the sufficiency of the evidence supporting the jury's finding of guilt. He acknowledges his statements to police and his statements at Banks' trial were "inconsistent" but contends he "gave a plausible explanation" for the contradictory statements. We will not disturb a jury finding of guilt "if there is substantial evidence to support the finding." See State v. Robinson, 859 N.W.2d 464, 467 (Iowa 2015).

         The jury was instructed the State would have to prove the following elements of perjury:

1. On or about the 3rd day of December, 2014, the defendant was under oath.
2. The oath was made in trial in State v. Roderick Banks, Woodbury County criminal number FECR089237.
3. a. The defendant made statements of material fact, specifically that Roderick Banks did not possess a gun in Jamal Randolph's apartment on August 21, 2014: and/or
b. The defendant made denials of certain material facts, specifically Jamal Randolph denied even seeing a gun in his apartment on August 21, 2014.
4. a. The statements were false when they were made. b. denials of the facts were false ...

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