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Case No. 17-0117

State of Iowa
v.
Steven Asbury

Appellee

State of Iowa

Appellant

Steven Asbury

Attorney for the Appellee

Kevin Cmelik and Kelli Huser (until her withdrawal), Assistant Attorneys General

Attorney for the Appellant

Maria Ruhtenberg, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0117
Date Published:
Sep 26, 2018
Summary

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J. (11 pages)

             Steven Asbury appeals from judgment and sentence entered upon his conviction for first-degree murder following a jury trial.  On appeal, Asbury asserts there was insufficient evidence of the identity of who shot the victim.  He also contends he received ineffective assistance of trial counsel due to his attorney’s failure to object to two jury instructions.  OPINION HOLDS: Because we find substantial evidence supports the jury verdict, and Asbury was not prejudiced by counsel’s failure to object to the instructions, we affirm.

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