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. Gustafson

Court of Appeals of Iowa

October 9, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
JORDAN DEAN GUSTAFSON, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.

         A defendant appeals his stalking conviction.

          Gary Dickey of Dickey & Campbell Law Firm, PLC, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Genevieve Reinkoester, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          BOWER, JUDGE.

         Jordan Gustafson appeals his conviction for stalking in violation of Iowa Code section 708.11 (2018). He claims the evidence does not prove beyond a reasonable doubt he "purposefully engaged in a course of conduct" within the meaning of the stalking statute, one of the incidents did not imply a threat of harm, and the felony enhancement should not apply to his conviction. Because substantial evidence supports the conviction, we affirm the district court's ruling.

         I. Scope & Standard of Review

         We review insufficient-evidence claims for errors at law. State v. Evans, 671 N.W.2d 720, 724 (Iowa 2003). "The trial court's findings of guilt are binding on appeal if supported by substantial evidence." State v. Lane, 743 N.W.2d 178, 181 (Iowa 2007). Substantial evidence exists if a rational fact-finder could find the defendant guilty beyond a reasonable doubt. Evans, 671 N.W.2d at 724. "[W]e review the record evidence in the light most favorable to the State." State v. Dalton, 674 N.W.2d 111, 116 (Iowa 2004) (citation omitted). "To the extent the issue involves the interpretation of a statute, this court reviews for correction of errors at law." State v. Lindell, 828 N.W.2d 1, 4 (Iowa 2013).

         II. Background Facts & Proceedings

         Jordan is the son of Ronald Gustafson. Jordan is thirty-four years old, a heavy drinker, and has mental-health issues. Jordan has exhibited anger and behavioral problems since he was a child and has destroyed walls and furniture in his and Ronald's homes several times over the years. He is an experienced mixed-martial-arts fighter. Ronald has paid Jordan's legal fees relating to physical altercations Jordan has had in the past.

         Around September 2017, Jordan moved in with Ronald and refused to move back out. Some nights, Ronald would wake up to find Jordan standing over him, making verbal threats while clenching his fists and glaring.[1] Several times, Jordan "squared up" to fight, standing inches in front of Ronald while yelling at him. On multiple occasions, Ronald left the house and stayed at a hotel because he was afraid of Jordan.

         On January 6, 2018, Ronald was in his vehicle in the house driveway when Jordan opened the car door, tried to take Ronald's cell phone, and grabbed the keys from the ignition. Jordan then got a knife with a three- or four- inch blade and threatened to slash the vehicle's tires. Ronald went to the neighbors' house and called the police. On January 9, Ronald obtained a protective order against Jordan, including requiring him to move out of Ronald's house.

         Just after 1:00 a.m. on April 24, Jordan kicked in a door and broke into Ronald's home. Jordan stood in the doorway to Ronald's bedroom holding a butcher knife and said he would not hurt Ronald, but he was going to kill himself and make Ronald watch. Ronald feared for his life, ran through another room, out of the house to a neighbor's ...


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.