IN THE INTEREST OF K.E., Minor Child, K.E., Minor Child, Appellant.
from the Iowa District Court for Mahaska County, Rose Anne
Mefford, District Associate Judge.
appeals after being adjudicated a delinquent for theft in the
second degree, possession of stolen property.
Jeffrey A. Smith, Oskaloosa, for appellant.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
POTTERFIELD, PRESIDING JUDGE.
minor, appeals after being adjudicated a delinquent for theft
in the second degree, possession of stolen property, in
violation of Iowa Code sections 714.1(1), 714.1(4), and
714.2(2) (2017). He alleges the State failed to prove the
theft occurred within the statute of limitations, trial
counsel was ineffective in failing to move for a judgment of
acquittal, and there is insufficient evidence K.E. knew the
four-wheeler in his possession was stolen. We affirm.
28, 2017, Brad Hornick parked his black 2006 Polaris
four-wheeler (which was in working order) on Kip
Greenhalgh's property on Highway 92 near Oskaloosa
chained to a tree with a "For Sale" sign on
When he checked on the four-wheeler at about 1:00 p.m. on May
29, the chain had been cut and the vehicle was gone.
Polaris four-wheeler, which was now painted red and had a new
ignition switch, was located in K.E.'s father's
garage on June 23. K.E. and his parents returned the
four-wheeler to the sheriff's office. Photographs were
taken of the vehicle. K.E. told law enforcement Tyler E. had
given the four-wheeler to him when he was swimming at
Tyler's grandparents' acreage. K.E. told
officers Tyler said it was junk and if K.E. wanted it he had
to pick it up. K.E.'s father stated he went to pick up
K.E. and the four-wheeler from Tyler's grandparents'
acreage. K.E.'s father said it was in parts and he did a
bit of work on the four-wheeler when they got it back to
acknowledged that he and K.E. spent time together "this
past summer, the summer of 2017" and went swimming just
once at the Keaslings' acreage. While he could not
remember the exact date, he stated it was before school was
out for the summer and about a week before he went to Texas
with his grandfather-they left on May 28. After Tyler was
informed by law enforcement that K.E. said Tyler told him he
could have the Polaris, Tyler stated he had never seen the
vehicle, his grandfather did not have such a vehicle on the
property, and he did not give the four-wheeler to K.E.
was charged with committing the delinquent act of possessing
stolen property having a value of more than $1000 but less
than $10, 000.
father and mother both testified they were aware that Tyler
and some friends went swimming at the Keasling acreage in May
2017. Both stated that there was no Polaris at the acreage
similar to the one found at K.E.'s garage. If there had
been such a four-wheeler at the Keasling acreage, they would
not have given it away.
mother testified her parents go to Texas every month for a
flea market called "First Monday Trade Days." Tyler
goes with them to help set up. Tyler and his grandparents
left early in the morning on May 29, set up for the market,
and returned to Iowa the following Sunday, June 11.
mother testified K.E. called her about a week to ten days
before K.E.'s birthday, which was on June 21, to tell her
he got a four-wheeler. She asked K.E. if his father had
bought it as ...