Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Castaneda

Court of Appeals of Iowa

July 19, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
MARCOS FIDEL CASTANEDA, Defendant-Appellant.

         Appeal from the Iowa District Court for Wright County, Christopher C. Foy, Judge.

         Marcos Fidel Castaneda appeals from the judgment and sentence entered upon his conviction of attempted murder. AFFIRMED.

          Benjamin D. Bergmann and Gina Messamer of Parrish Kruidenier Dunn Boles Gribble Gentry Brown & Bergmann, L.L.P., Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Jean C. Pettinger, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.

          VAITHESWARAN, Presiding Judge.

         A jury found Marcos Fidel Castaneda guilty of attempted murder. On appeal, Castaneda argues (1) the evidence was insufficient to support the intent element of the crime, and (2) the district court erred in allowing a State-procured interpreter to provide interpretive services during the trial.

         I. Sufficiency of the Evidence

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

1. On or about February 14, 2016, Defendant shot Hugo Salinas with a firearm.
2. By his acts, Defendant expected to set in motion a force or chain of events which would cause or result in the death of Hugo Salinas.
3. When Defendant acted, he specifically intended to cause the death of Hugo Salinas. Castaneda does not dispute that he shot Salinas with a firearm, but he argues "the evidence was insufficient to prove [he] intended to cause the death of Mr. Salinas." We will uphold the jury's finding of guilt if it is supported by substantial evidence. State v. Sanford, 814 N.W.2d 611, 615 (Iowa 2012).

         A reasonable juror could have found the following facts. Castaneda had a relationship with a woman. In time, the woman began dating another man, Hugo Salinas. When Castaneda learned of this relationship, he became angry. After running into his former girlfriend and Salinas, he sent a text message stating, "Take care of your new boyfriend." The same evening, Castaneda followed the couple to their apartment, parked next to them, got out of his vehicle with a .22 caliber long rifle, and shot Salinas in the chest. He left, returned, and shot Salinas again in the head. A subsequent search of Castaneda's vehicle uncovered an open package of .22 bullets and a spent casing. The rifle Castaneda used required manual insertion of each cartridge and manual release of a locking device before each firing. Based on these facts, the jury reasonably could have determined that Castaneda specifically intended to cause the death of Salinas. We therefore conclude the challenged element was supported by substantial evidence.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.