from the Iowa District Court for Monroe County, Lucy J.
Hopkins appeals his conviction for extortion.
C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
VAITHESWARAN, Presiding Judge.
Hopkins entered First State Bank in Albia and loudly and
angrily demanded money. In his words, if he did not receive
the money, "the whole town would burn."
State charged Hopkins with extortion. See Iowa Code
§ 711.4(1)(a), 711.4(1)(g), 711.4(2) (2016). A jury
found him guilty as charged. Hopkins filed a post-trial
motion seeking to discharge his attorney. In response, his
attorney moved to withdraw. After questioning Hopkins, the
district court allowed him to represent himself in arguing
his post-trial motion and at sentencing.
appeal, Hopkins challenges (1) his trial attorney's
failure to request a jury instruction defining the
"threat" required for extortion and (2) the
district court's colloquy to establish whether his
post-trial waiver of his right to counsel was knowing,
voluntary, and intelligent.
Ineffective Assistance of Counsel - Jury Instruction
jury was instructed the State would have to prove the
following elements of extortion:
1. On or about the 9th day of March, 2016, the defendant
a. To inflict physical injury on employees of First Iowa
State Bank; or
b. To injure the property of First Iowa State Bank.
It is not necessary that all jurors agree to just
"a" or "b." It is only necessary that all
jurors agree to at least one of the two ...