from the Iowa District Court for Clay County, Carl J.
Mosley appeals his convictions and sentence for first-degree
burglary and assault causing bodily injury following a jury
C. Smith, State Appellate Defender, and Martha J. Lucey,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., Potterfield, J., and Blane,
VAITHESWARAN, PRESIDING JUDGE.
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.
Sufficiency of the Evidence - First-Degree
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
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 ...