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Case No. 18-0266

State of Iowa
Donald Edward McIntyre


State of Iowa


Donald Edward McIntyre

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 09, 2019

            Appeal from the Iowa District Court for Floyd County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Potterfield, P.J.  (25 pages)

            Donald McIntyre appeals his conviction for robbery in the first degree.  He maintains (1) trial counsel provided ineffective assistance by failing to object to hearsay statements, to the admission of shoeprint evidence, to instances of prosecutorial misconduct, and to the definition of “armed” in a jury instruction; (2) the court erred in including language pertaining to a knife in the dangerous-weapon instruction; and (3) the trial court should have granted his motions for judgment of acquittal and for new trial based on the weight of the evidence.  OPINION HOLDS: McIntyre did not establish his claims for ineffective assistance, that there was insufficient evidence to instruct the jury the knife recovered at the scene meets the legal definition of a dangerous weapon, nor that the verdict is contrary to the weight of the evidence.  Thus, we affirm.  We preserve for postconviction relief his claims trial counsel was ineffective for failing to object to instances of hearsay testimony and the definition of “armed” within a jury instruction.

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