State of Iowa
v.
Jonathan James Elphic
Appellee
State of Iowa
Appellant
Jonathan James Elphic
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorneys for the Appellant
Andrew C. Abbott
Jonathan Elphic, pro se
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge. AFFIRMED. Heard by Potterfield, P.J., and Doyle and May, JJ. Opinion by Potterfield, P.J. (9 pages)
Jonathan Elphic appeals from his conviction for forgery, a class “D” felony. Elphic maintains the district court abused its discretion when it allowed the State to reopen the record after the prosecutor indicated the State rested its case and Elphic moved for a judgment of acquittal based on insufficient evidence. Elphic asserts his conviction should be vacated for insufficient evidence. OPINION HOLDS: The district court did not abuse its discretion in allowing the State to call the complaining witness to testify after the State misspoke, stating it rested. Because the complaining witness’s testimony was properly part of the record, substantial evidence supports the jury’s verdict convicting Elphic of forgery.
