State of Iowa
v.
D'Marithe Culbreath
Appellant
State of Iowa
Appellant
D'Marithe Culbreath
Attorney for the Appellant
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
G. Brian Weiler
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge. AFFIRMED. Considered by Tabor, P.J., and May and Greer, JJ. Opinion by Greer, J. (4 pages)
D’Marithe Culbreath appeals from his convictions of first-degree murder, first-degree robbery, and conspiracy to commit first-degree burglary. He argues the district court abused its discretion in admitting a multiple-hour video of police interviewing him because, during the interview, a detective asked Culbreath if a codefendant thought Culbreath had guns and Culbreath replied, “Could.” He maintains this was prior-bad-acts evidence that should have been kept out of trial. OPINION HOLDS: Because the claim Culbreath brings on appeal was not preserved for our review, we affirm.