State of Iowa
v.
Anthony Frank Ernst
The State seeks further review of the court of appeals’ opinion reversing Anthony Ernst’s conviction for attempted burglary in the third degree in violation of Iowa Code section 713.6B.
Applicant
State of Iowa
Resister
Anthony Frank Ernst
Attorney for the Applicant
Louis S. Sloven
Attorney for the Resister
Bradley M. Bender
Supreme Court
Oral Argument Schedule
15-15-5
Nov 17, 2020 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. REVERSED and REMANDED. Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J. Opinion by Mullins, J. (10 pages)
Anthony Ernst appeals his conviction of attempted burglary in the third degree in violation of Iowa Code section 713.6B (2017). He argues the State failed to produce sufficient evidence to support the verdict and that it is against the weight of the evidence. He also argues his trial counsel was ineffective in failing to object to the admission of cell phone records. OPINION HOLDS (after rehearing): Because the evidence was insufficient to support the jury’s verdict, we reverse and remand for judgment of acquittal.