State of Iowa
v.
Kyle Alan Olson
Appellee
State of Iowa
Appellant
Kyle Alan Olson
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Ashley Stewart, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ. Opinion by Tabor, J. (11 pages)
Kyle Olson appeals following his conviction of forgery, arguing the State presented insufficient evidence to support his conviction. He also contends the district court abused its discretion by considering improper factors in determining the sentence. OPINION HOLDS: After reviewing the totality of the evidence, because a reasonable juror could find that Olson had the specific intent to defraud or injure his sisters when he deposited the insurance check, we affirm his conviction. We affirm Olson’s sentence because there was no affirmative proof the court relied on unproven offenses.