State of Iowa
v.
Dennis Edgar Chamberlain
Appellee
State of Iowa
Appellant
Dennis Edgar Chamberlain
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buchanan County, Joel Dalrymple, Judge. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. Considered by Potterfield, P.J., Doyle, J., and Blane, S.J. Opinion by Blane, S.J. Special Concurrence by Potterfield, P.J. (23 pages)
Dennis Chamberlain appeals his convictions, sentences, and judgments for attempt to commit murder, kidnapping in the second degree, and two counts of intimidation with a dangerous weapon with intent. He challenges the district court’s jury instructions regarding intoxication, reasonable doubt, and the definition of “confinement,” as well as the extension of the no-contact order for a period longer than five years. OPINION HOLDS: We affirm Chamberlain’s convictions for attempt to commit murder and two counts of intimidation with a dangerous weapon with intent. We reverse his conviction for kidnapping in the second degree and remand for retrial. We also reverse a provision of the extension of the no-contact order and remand for correction. SPECIAL CONCURRENCE ASSERTS: I disagree with the majority’s conclusion there was insufficient evidence to submit Chamberlain’s proposed instruction on the defense of intoxication. The majority fails to make the distinction between the requisite amount of evidence necessary to determine whether a trial court should submit an affirmative defense to the jury and the amount of evidence necessary to prove the defense. However, the evidence of Chamberlain’s ability to form specific intent was overwhelming, and I cannot find Chamberlain suffered prejudice from the court’s failure to instruct on Chamberlain’s defense to the intent elements of those crimes.
