from the Iowa District Court for Black Hawk County, Andrea J.
defendant appeals his conviction, challenging the sufficiency
of the evidence and the sentence imposed. AFFIRMED.
L. Mason of JL Mason Law, PLLC, Ankeny, for appellant.
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Chandler appeals his conviction for first-degree robbery, in
violation of Iowa Code sections 711.1 and 711.2 (2014). He
asserts there was insufficient evidence of his identity and
the court abused its discretion in ordering his sentence to
be served consecutively to a term of incarceration he was
serving in Indiana.
Background Facts and Proceedings.
traveled to Iowa from Indiana in April 2014 with two friends,
Charles Jenkins and Andrew Hodges. The three made the trip to
Iowa with Waterloo residents, Jesse Mathews and his
girlfriend, Monika Bray. Chandler, Jenkins, and Hodges stayed
with Mathews and Bray in their Waterloo apartment, and every
member of the group was unemployed at the time.
evening of April 23, 2014, Bray saw the four men-Chandler,
Jenkins, Hodges, and Mathews-leave the house together. She
testified the men had two firearms and they always left the
residence with the guns on their person. That night, the
group did not return to her home but instead left town to
travel back to Indiana with no notice to Bray. However, Bray
saw on social media that a robbery had taken place at the
local Burger King the night of April 23. Bray next saw
Mathews three or four days later when he threw money at her.
employees of the Burger King testified that on the night of
the robbery, a man entered the restaurant shortly before
closing time and ordered a meal. The employees proceeded to
conduct the regular closing duties and noticed the customer
leave the lobby with a to-go bag for his food. Fifteen or
twenty minutes after the customer left, three armed men
entered the restaurant, assaulted the employees, and demanded
money. After they obtained cash drawers from the office, the
three men left out the back door of the restaurant, dropping
change as they went. The employees called the police.
the employees were waiting for the police to arrive, they
noticed the to-go bag of food that had been served to the
customer earlier had been crumpled up and was holding the
emergency, drive-thru door open. Surveillance video confirmed
that the three assailants entered through the same drive-thru
door. The to-go bag was given to police, who tested the
leftover food inside the bag for DNA. The testing confirmed
the person who ate the food was Jenkins.
the course of the investigation, the police obtained a search
warrant for the cell phone records of Chandler and Hodges.
The text messages near the time of the robbery indicate the
person using Chandler's cell phone was inside the
restaurant communicating to the person using Hodges's
cell phone descriptions of the employees and providing
confirmation as to when would be a good time to enter the
restaurant and which door to use.
traveled to Indiana to interview Chandler. He initially
denied being in Iowa at the time of the robbery and also
denied loaning his cell phone to anyone. After Chandler was
confronted with the evidence that his cell phone was used the
night of the robbery in Waterloo, he asked, "Can we
start over?" Chandler then went on to explain he was in
Waterloo in ...