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State v. Mosley

Court of Appeals of Iowa

October 24, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JERRY DARNELL MOSLEY, Defendant-Appellant.

          Appeal from the Iowa District Court for Clay County, Carl J. Peterson, Judge.

         Jerry Mosley appeals his convictions and sentence for first-degree burglary and assault causing bodily injury following a jury trial.

          Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., Potterfield, J., and Blane, S.J. [*]

          VAITHESWARAN, PRESIDING JUDGE.

         Jerry Mosley appeals his judgment and sentence for first-degree burglary and assault causing bodily injury. He contends (1) the record lacks sufficient evidence to support the jury's finding of guilt on the first-degree burglary charge, (2) his trial attorney was ineffective in failing to object to certain testimony as being outside the scope of the minutes of testimony, (3) the district court should have merged the assault causing bodily injury conviction with the first-degree burglary conviction, and (4) the district court failed to assess his reasonable ability to pay restitution.

         I. Sufficiency of the Evidence - First-Degree Burglary

         The jury was instructed the State would have to prove the following elements of first-degree burglary:

1. On or about the 6th day of June, 2016, the defendant entered the residence of [a woman].
2. The residence was an occupied structure as defined in Instruction No. 26.
3. One or more persons were present in the occupied structure.
4. The defendant did not have permission or authority to enter the residence or defendant did not have permission and authority to remain in the residence or ...

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