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Case No. 18-0597

State of Iowa
v.
Jonathan James Elphic

Appellee

State of Iowa

Appellants

Jonathan James Elphic

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Attorneys for Appellants

Andrew C. Abbott
Jonathan Elphic, pro se

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0597
Date Published:
Jun 19, 2019
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.

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