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State v. Korpak

Court of Appeals of Iowa

February 21, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
KRAIG M. KORPAK, Defendant-Appellant.

         Appeal from the Iowa District Court for Scott County, Stuart P. Werling (trial) and Mark R. Lawson (sentence), Judges.

         A defendant appeals his convictions of interference with official acts while displaying a dangerous weapon and domestic abuse assault causing bodily injury challenging the sufficiency of the evidence.

          Thomas J. O'Flaherty of O'Flaherty Law Firm, Bettendorf, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          VOGEL, PRESIDING JUDGE.

         Kraig Korpak challenges the sufficiency of the evidence supporting his convictions for interference with official acts while displaying a dangerous weapon, in violation of Iowa Code section 719.1(1)(f) (2017), and domestic abuse assault causing bodily injury, in violation of Iowa Code section 708.2A(2)(b). After considering the trial record, we conclude there is sufficient evidence to support the guilty verdicts. We affirm.

         I. Background Facts and Proceedings

         On February 6, 2017, Davenport police officers responded to a domestic abuse call at approximately 9:30 p.m. When officers arrived on scene, they found S.H. at her neighbor's house with a laceration above her eye. The neighbor explained she heard screaming coming from the neighboring apartment and banging on the shared wall, on and off, for a few hours. The officers learned that S.H. lived with her "fiancé, " Korpak, who was still inside the neighboring apartment.

         The officers observed Korpak sitting in his kitchen with a large fixed-bladed knife in his left hand and a beer in his right hand. The officers attempted to speak to Korpak through the kitchen window, advising him that he was under arrest and he needed to drop the knife, come outside, and surrender himself. Korpak was hostile, belligerent, and appeared to be intoxicated, and when prompted to exit the home, he asked the officer to shoot him. Around 10:30 p.m., approximately one hour after officers responded to the call, Korpak exited his house holding the knife in a raised or "attack" position. He gestured wildly with the knife and yelled at officers. Eventually, the officers subdued Korpak by shooting him with rubber bullets and, because he continued to hold the knife, tased him and then placed him under arrest.

         Korpak was charged with interference with official acts while displaying a dangerous weapon and domestic abuse assault causing bodily injury. Korpak waived his right to a jury trial and, after a bench trial, was convicted on both charges. Korpak was sentenced to a term of incarceration not to exceed five years on the interference conviction and a term of 120 days on the domestic abuse conviction, and the terms were ordered to run concurrently.

         Korpak appeals.

         II. Scope and Standard of Review

         We review challenges to the sufficiency of evidence for errors at law. State v. Sanford, 814 N.W.2d 611, 615 (Iowa 2012). We review the evidence "in the light most favorable to the State, including all reasonable inferences that may be deduced from" it to determine whether the finding of guilt is supported by substantial evidence and should be upheld. Id. Evidence is substantial if it ...


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