IN THE INTEREST OF K.C., Minor Child. K.C., Minor Child, Appellant.
from the Iowa District Court for Scott County, Cheryl E.
Traum (adjudication) and Christine Dalton Ploof
(disposition), District Associate Judges.
minor child appeals from the juvenile court's
adjudicatory and dispositional orders, arguing there was not
sufficient evidence to find him delinquent.
M. Phelps, Davenport, for appellant.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.
minor child, appeals from the juvenile court's orders
adjudicating him delinquent for committing aggravated theft
in violation of Iowa Code section 714.3A (2015). He argues
there was not sufficient evidence to support the court's
juvenile court summarized the facts as follows:
In the late evening of December 25, 2015, [K.C.] and [Kn.C.,
K.C.'s older brother, ] entered [a] convenience store . .
. in Bettendorf, Scott County, Iowa. They purchased some
items and left. Approximately an hour later they returned,
browsed the store, and attempted to leave without buying
anything. The store clerk that night . . . was suspicious of
the boys and had already called the police upon their second
entrance in to the store. Her suspicions were partly based on
the fact that a theft occurred at the store just a week or
two earlier. Because she suspected that the boys were
engaging in a theft, she attempted to prevent the boys from
leaving the store by blocking the exit. As they tried to
leave the store, [the clerk] was involved in an altercation
with [Kn.C.] at which time [K.C.] punched her in the head.
[The clerk] testified that she observed the boys looking at a
display of drones. She testified that she knew how many
drones were stocked in the display, based partly on the
physical display and how high the boxes were stacked. She
testified that two boxes of drones were missing from the
display that night and that the drones were priced at $29.99
each. [The clerk] identified [Kn.C.] and [K.C.] as the
children involved that evening.
In addition to [the clerk]'s testimony, the court
received the testimony of Police Officer Christina Thomas.
Officer Thomas responded to [the store clerk]'s call on
the night in question. [The officer] testified that she
observed the video from the store showing the boys'
movement and appearance within the store. [The officer
testified she] eventually made contact with the boys at their
home and that they were still wearing the same clothing that
they wore at the store. Officer Thomas asked the boys to turn
the drones over so she could return them to the store. [K.C.]
responded that they did not have the drones anymore. Officer
Thomas also identified [Kn.C.] and [K.C.] as the boys with
whom she spoke about the drones.
The State filed [a delinquency] petition alleging that the
children committed the offenses of robbery in the second
degree in violation of Iowa Code section 711.3 and aggravated
theft, [first] offense, in violation of Iowa Code section
September 2016, the juvenile court adjudicated K.C.
delinquent for acts, which if committed by an adult, would
constitute aggravated theft. See Iowa Code §
232.2(12)(a) (providing a "[d]elinquent act" is
"[t]he violation of any state law or local ordinance
which would constitute a public offense if committed by an
adult"). In October, the court entered a dispositional
order placing K.C. on supervised probation for one year and
ordering him to complete sixteen hours of community service
and participate in a diversion program.
review delinquency proceedings de novo." In re
A.K., 825 N.W.2d 46, 49 (Iowa 2013). "Although we
give weight to the factual findings of the juvenile court,
especially regarding the credibility of witnesses, we are not
bound by them." Id. "We presume the child
is innocent of the charges, and the State has the burden of
proving beyond a reasonable doubt that the juvenile ...