from the Iowa District Court for Black Hawk County, George L.
defendant appeals his conviction and sentence of eluding
based on insufficient evidence.
R. McCarthy of Clemens, Walters, Conlon, Runde & Hiatt,
LLP, Dubuque, for appellant.
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
Jenkins appeals his conviction and sentence for the crime of
eluding. He asserts the State provided insufficient evidence
to establish he was driving at least twenty-five miles per
hour over the speed limit. Because the record supports the
finding of such excessive speed, we affirm.
Background Facts and Proceedings
March 18, 2016, just before midnight, Officer Justin Brandt
of the Waterloo Police Department pulled behind a Chevy
Tahoe, which was parked in front of a liquor store. Officer
Brandt turned on his emergency lights. The driver of the car
looked back at the officer, began to reverse his vehicle, and
then drove away. Officer Tyler Brownell, who was also in the
area, initially took the lead in pursuit of the Tahoe.
Brownell followed the vehicle down an alley and then turned
right onto Center Street. The vehicle then turned left on
Columbia Street headed north and then turned left onto Conger
Street headed west. At this point, Officer Brownell estimated
that the fleeing vehicle was traveling in excess of fifty
miles per hour in a thirty-five-mile-per-hour zone. The
vehicle turned right on Broadway Street headed north. Officer
Brandt estimated that he was traveling at fifty miles per
hour on Broadway Street, which was a
thirty-five-mile-per-hour zone. The vehicle turned left onto
Riehl Street and made a loop in a gas station parking lot to
come out on Broadway Street headed north again.
Brandt continued to follow the vehicle, which traveled north
on Broadway Street and then turned left onto Dawson Street.
Officer Brandt estimated that the vehicle was traveling
between fifty and fifty-five miles per hour on Dawson Street,
which is a twenty-five-mile-per-hour zone. Officer Brandt
also stated his peak speed on Dawson Street was between
fifty-five and sixty miles per hour because he was trying to
close the gap between his patrol vehicle and the fleeing
vehicle. The vehicle turned left onto Fairview Avenue and
took the next left onto Riehl Street. After hitting a parked
vehicle, the Tahoe came to a stop in a residential yard on
driver got out of the vehicle, put his hands in the air, and
lowered himself to the ground. Officer Brownell found a
substance that appeared to be crack cocaine on the
driver's seat and floorboard. On April 29, 2016, Jenkins
was charged with eluding, a second offense of possession of
cocaine, and operating while intoxicated. A trial was held
from October 11 to 13, 2017. The jury returned a verdict
finding Jenkins guilty of eluding as an aggravated
misdemeanor and not guilty of possession of
cocaine. He received a sentence of ninety days in
jail and a fine. He appeals.
Standard of Review
review sufficiency-of-the-evidence claims for correction of
errors at law. We uphold a verdict if substantial evidence
supports it." State v. Quinn, 691 N.W.2d 403,
407 (Iowa 2005) (internal citations omitted). "Evidence
is substantial if it would convince a rational fact finder
that the defendant is guilty beyond a reasonable doubt."
State v. Biddle, 652 N.W.2d 191, 197 (Iowa 2002).
"We review the evidence in the light most favorable to
the State, including ...