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State v. Thompson

Court of Appeals of Iowa

October 23, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
ARRON OZZY JOSPEH THOMPSON, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.

         A defendant appeals his two burglary convictions. AFFIRMED.

          Christine E. Branstad and Nathan A. Olson of Branstad & Olson Law Office, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Zachary Miller, Assistant Attorney General, for appellee.

          Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.

          TABOR, JUDGE.

         Arron Thompson appeals his convictions for burglary in the third degree and burglary in the first degree. He contends the State failed to offer sufficient evidence to support his convictions and the district court erred in not granting his motion for judgment of acquittal. Thompson also contends the district court abused its discretion in denying his motion for new trial. Finding the State offered substantial evidence of the two burglaries and the jury verdicts were not contrary to the weight of the evidence, we affirm those convictions.

         I. Facts and Prior Proceedings

         On October 19, 2016, a Des Moines family returned home around 10:30 p.m. to find many things out of place. Still, they decided to retire for the evening. The following morning, the father discovered his Toyota Tacoma was missing from the driveway and his daughter's purse was gone from the house. The family then called the police.

         The father asked the bank not to cancel the debit card that was in his daughter's purse and to notify him if anyone used the card. The bank later reported the debit card was being used at an EZ Mart in Bondurant. The father went to the store and saw Thompson, whom he recognized as a neighbor who recently borrowed a carjack. The father contacted police and later identified Thompson in a photo line-up. Thompson had used the debit card six times.

         On October 30, 2016 the family met with police about the October 19 incident. Upon returning home, the mother and daughter encountered Thompson standing in their kitchen armed with a gun. The father heard a scream and headed to the back of the house where he saw a man fleeing. Three days later both the mother and daughter separately identified Thompson in a police photo line-up as the man they saw in their home with the firearm.

         As a result these events, the State charged Thompson with two counts of burglary and six counts of credit card fraud. Thompson testified in his own defense, telling the jury he "came across the purse in the alley behind our houses." Thompson stipulated to using the daughter's debit card he found inside the purse. On cross examination, Thompson identified his voice on a tape recording from the jail in which he admitted entering the residence: "there was nobody in there when I went in there, nothing like that." Thompson also said on the recording he thought the house looked "abandoned."

         The jury convicted Thompson on all eight counts. Thompson now appeals the burglary convictions.

         II. ...


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