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Case No. 18-2162

State of Iowa
v.
Gregory John Schuldt

Appellee

State of Iowa

Appellant

Gregory John Schuldt

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Susan R. Stockdale

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2162
Date Published:
Apr 29, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A jury convicted Gregory Schuldt of intimidation with a gun and going armed with intent.  He appeals those verdicts, alleging his trial counsel failed to challenge the State’s proof that he acted with the specific intent necessary to commit those offenses.  OPINION HOLDS: Because strong evidence bolstered the inference that Schuldt had the specific intent to use the pistol without justification when he fired seven rounds against the bartender or other customers, defense counsel’s motion for acquittal would have been meritless.  Schuldt’s counsel had no duty to make a meritless motion.

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