from the Iowa District Court for Polk County, Michael D.
defendant appeals his two burglary convictions. AFFIRMED.
Christine E. Branstad and Nathan A. Olson of Branstad &
Olson Law Office, Des Moines, for appellant.
J. Miller, Attorney General, and Zachary Miller, Assistant
Attorney General, for appellee.
Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.
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.
Facts and Prior Proceedings
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.
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.
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
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."
jury convicted Thompson on all eight counts. Thompson now
appeals the burglary convictions.