from the Iowa District Court for Black Hawk County, George L.
Kemp appeals from the judgment and sentence entered upon his
conviction of assault while participating in a felony.
C. Smith, State Appellate Defender, and Shellie L. Knipfer,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Richard J. Bennett,
Assistant Attorney General, for appellee.
Considered by Danilson, C.J., and Vogel and Vaitheswaran, JJ.
found Quintorey Kemp guilty of assault while participating in
the felony of going armed with intent. See Iowa Code
§§ 708.3(2), 708.8 (2015).On appeal, Kemp argues his
trial attorney was ineffective in failing to object to
evidence of ammunition discovered in his bedroom before the
Background Facts and Proceedings
Wise, the father of a sixteen-year-old girl, caught Quintorey
Kemp in her bedroom. Wise had previously warned Kemp not to
come to his house. The two "tussl[ed]." Kemp ran
out of the bedroom, and Wise followed. He was "[m]aybe
five or six feet" away from Kemp when he noticed that
Kemp "had a gun pointed back as he was running."
According to Wise, the gun "was definitely a handgun,
" and it was directed towards him.
and the teen's mother went to the home of Kemp's
parents to discuss the incident. Kemp was in the basement.
Wise overheard him tell his mother, "You better tell
[Wise] to go before I show him something."
walked out of the Kemp home. He saw Kemp's bike and, in
frustration, picked it up and threw it. Momentarily, Wise
heard someone behind him, turned, and saw Kemp "shooting
at" him. In Wise's words, "fire" was
coming "from the muzzle" of what "was
definitely a handgun."
trial, the defense called Kemp's mother as a witness. She
denied seeing her son with a gun before hearing the shots. On
cross-examination, the prosecutor asked her whether she
"found bullets in [Kemp's] room before." She
responded, "There were some found in his drawer."
Kemp's attorney did not object to this line of
defense also called Kemp's father. He testified he went
to bed and did not hear gunshots. On cross-examination, he
acknowledged his son had bullets in his drawer a year before
the incident. Again, Kemp's attorney did not object to
this line of questioning.
jury was instructed the State would have to prove "the
defendant committed an assault on Sherman Wise" and
"[a]t the time of the assault, the defendant was
participating in the crime of Going Armed with Intent."
This crime, in turn, contained several elements, including an
element requiring proof that "[t]he defendant was armed
with the specific intent to use a firearm against Sherman
Wise." "Specific intent" was defined for the
jury as "not only being aware of doing an act ...