State of Iowa
v.
Randy Paul Hofer
Appellee
State of Iowa
Appellant
Randy Paul Hofer
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Francis Hurley
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Sarah E. Crane, Judge. AFFIRMED. Considered by Doyle, P.J., Schumacher, J., and Mahan, S.J. Opinion by Schumacher, J. (15 pages)
Randy Hofer appeals from convictions and a restitution order that arose as a result of his unauthorized taking of a concrete mixing truck and the events that followed. He argues the evidence is insufficient to support two of his convictions. He also claims the trial court erred by refusing to give a jury instruction he requested and he takes issue with the court’s restitution award to the city of Des Moines. OPINION HOLDS: The evidence is sufficient to support Hofer’s convictions for criminal mischief in the first degree and operating without owner’s consent, and it was not error for the district court to refuse to give the requested jury instruction. The convictions are therefore affirmed. We also affirm the restitution order, as we determine the restitution award to the city of Des Moines was supported by evidence in the record, was well within a reasonable range of the evidence, and was within the district court’s discretion.