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State v. Rose

Court of Appeals of Iowa

October 23, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
JEREMY WALTER ROSE, Defendant-Appellant.

          Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.

         Jeremy Rose appeals his conviction of child endangerment resulting in serious injury. AFFIRMED.

          Mark C. Smith, State Appellate Defender, (until withdrawal) and Nan Jennisch, Assistant Appellate Defender, for appellant.

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

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

          VAITHESWARAN, JUDGE

         A jury found Jeremy Rose guilty of child endangerment resulting in serious injury. On appeal, Rose contends "[t]he deprivation-of-necessary-health-care-or supervision alternative for child endangerment was not legally supported by the evidence" and "[t]he district court therefore erred in instructing the jury on this theory of culpability."

         "[P]arties to a lawsuit are entitled to have their legal theories submitted to the jury if such theories are supported by substantial evidence." State v. Hogrefe, 557 N.W.2d 871, 876 (Iowa 1996). "In determining whether there is substantial evidence to support submission of an instruction to the jury, we view the evidence in the light most favorable to the party requesting the instruction." Id.

         The State charged Rose with five statutory alternatives of child endangerment. The district court instructed the jury on four of the five alternatives. See Iowa Code § 726.6(1)(a)-(d) (2017).[1] The instruction for the challenged alternative was as follows:

The State must prove all of the following elements of child endangerment resulting in serious injury:

1. On or about June 22, 2017, the defendant was the parent, guardian, or person having custody or control of [the child].
2. [The child] was under the age of 14 years.
3. The defendant intentionally deprived [the child] of necessary health care or supervision appropriate to ...

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