Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Moore

Court of Appeals of Iowa

September 11, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
DAIRRAMEY MOORE, Defendant-Appellant.

          Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea (trial) and Mary E. Howes (sentencing), Judges.

         Dairramey Moore appeals his criminal convictions and the sentences imposed. CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.

          Mark C. Smith, State Appellate Defender (until withdrawal), and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Linda J. Hines, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., and Mullins and May, JJ.

          MULLINS, JUDGE.

         Dairramey Moore appeals his convictions of intimidation with a dangerous weapon with intent and reckless use of a firearm. Moore argues (1) the evidence was insufficient to support his convictions; (2) the court failed to exercise its discretion in imposing sentence; and (3) the district court improperly ordered him to pay attorney fees, court costs, and correctional fees as restitution without first determining his reasonable ability to pay the same.

         I. Background Facts and Proceedings

         In the late-evening hours of April 26, 2018, a shooting occurred at a residence in Clinton, Iowa.[1] Prior to the shooting, Moore and Zachary Broders went to the residence because they needed beer money; they knew the home to be occupied by Alan Wulf, who owed both Moore and Broders money. At roughly 11:45 p.m., the pair parked in the alley behind the residence and went to the back door of the home, which faces north. Less than a minute later, a woman, Melissa Hartman, came outside and conversed with Moore and Broders. About a minute later, Broders walked back to the alley because he thought he heard something; Moore remained with the woman at the back door. Broders then proceeded to the east side of the house to look into a window leading to the living-room area of the home to see if Wulf was inside.[2] Through the window, Broders observed multiple women and a man, but not Wulf. However, Wulf was present in the home. Broders also peered around the front corner of the home and glanced at the front door. Broders returned to the rear of the home and advised Moore that Wulf was not home. Moore and Broders then went to the east side of the house together to take a second look. At the same time, Hartman got in a vehicle near the alley and left the area. Broders then returned to his car and waited inside, while Moore remained on the side of the house. While in his car, Broders heard gunshots. After the shooting ceased, Broders looked up. He then observed more shots coming out of the window of the home and Moore running. Broders locked his car doors and drove away from the area. Moore fled the area on foot, running north through the backyard of the home and then westbound through the alley. The video evidence does not show anyone else fleeing the scene or approaching the east side of the home. Broders testified he never saw Moore with a firearm on the night in question. However, the video evidence shows Moore to be holding his right hand in his pocket. A police officer testified, based on his experience in law enforcement, the manner in which Moore had his hand tucked away indicated a possibility that he was carrying a weapon.

         Moore testified on his own behalf. He admitted to being at the home on the night in question and acknowledged he went to the home because Wulf owed him money. He then explained that, while he was at the window on the east side of the home, he was speaking with someone through an open window, "try[ing] to negotiate" to get his money. Then, according to Moore, a man named Tango approached and started arguing with Wulf. Ultimately, "things escalated, gun fire started going, [and Moore] took off running." Moore testified Tango was not depicted in the video footage because of "the direction the angle he came in from." Moore finally testified he was not in the possession of a weapon on the night in question.

         The evidence generally shows that shots were fired to the west through and from outside the living-room window of the residence and then return shots were fired to the east through and from inside the window. Investigators found seven 9 millimeter shell casings on the ground outside of the window. Two bullet holes were found in a window on the west side of the house directly across from the window on the east side of the home. The residence located immediately to the west suffered bullet holes to its east wall. The residence located immediately to the east suffered two bullet holes and fragmentation damage to its west wall.

         Moore was charged by trial information with (1) intimidation with a dangerous weapon with intent to invoke fear or anger in another, (2) going armed with intent, and (3) reckless use of a firearm. The matter proceeded to trial. Following the State's case-in-chief, Moore moved for judgment of acquittal on all counts, arguing the evidence was insufficient to show he was the shooter or possessed a weapon. The court denied the motion. Moore renewed the motion following the presentation of the evidence for the defense. A jury found him guilty of intimidation with a dangerous weapon with intent and reckless use of a firearm. The court sentenced Moore to a term of incarceration not to exceed ten years with a mandatory minimum of five years on count one and a term of incarceration not to exceed two years on count two, to be served concurrently. The court ordered Moore to pay attorney fees, court costs, and correctional fees as restitution. Moore appeals.

          II. Analysis

         A. Sufficiency ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.