from the Iowa District Court for Page County, James S.
defendant appeals the trial court's denial of his motion
for judgment of acquittal and motion for new trial after a
jury convicted him of one count of burglary in the second
degree and one count of burglary in the third degree.
C. Smith, State Appellate Defender, and Bradley M. Bender,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Kelli Huser, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Doiel appeals the denial of his motion for judgment of
acquittal and motion for new trial after a jury convicted him
of one count of burglary in the second degree and one count
of burglary in the third degree. He argues the evidence was
insufficient to support the verdict and the weight of the
evidence is contrary to the verdict. We affirm.
Background Facts and Proceedings.
April 20, 2016, Doiel was charged by trial information with
two counts burglary in the second degree and one count
burglary in the third degree, pursuant to Iowa Code sections
713.5 and 713.6A (2016), respectively. The charges were based
on reports of missing pain medication from residents of units
in the apartment complex where Doiel resides.
trial, two of Doiel's neighbors testified about an
encounter with Doiel at their respective units. Antone Ranner
stated he was returning to his apartment when he witnessed
Doiel exiting Ranner's front door. Ranner stated the
apartment was locked and Doiel did not have permission to
enter the apartment. Later Ranner discovered sixty Percocet
pills were missing from his apartment; Doiel knew about the
pills. Ranner also testified about recent break-ins at the
apartment complex. He stated another neighbor had shown him
and Doiel how to open a locked apartment door using a credit
Ryan, Doiel's neighbor, testified that she awoke on April
8 to Doiel standing at her bedroom door. She stated her
apartment door was locked before she fell asleep and Doiel
did not have permission to enter the apartment. Ryan stated
some of her pain-relief medication was missing after
Doiel's unauthorized entry.
the State's case-in-chief, Doiel moved for a judgment of
acquittal. The trial court denied the motion. After trial,
the jury convicted Doiel of one count burglary in the second
degree and one count burglary in the third degree. Doiel then
filed a motion for new trial, which the trial court summarily
denied, stating, "Defendant's motion for new trial
is overruled." Doiel appealed.
Standard of Review.
review challenges to the sufficiency of evidence for
correction of errors at law. State v. Shorter, 893
N.W.2d 65, 70 (Iowa 2017). "We will affirm a trial
court's denial of a motion for judgment of acquittal if
the record contains ...