State of Iowa
v.
Gregory John Schuldt
Appellee
State of Iowa
Appellant
Gregory John Schuldt
Attorney for the Appellee
Israel Kodiaga, Assistant Attorney General
Attorney for the Appellant
Susan R. Stockdale
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
