State of Iowa
v.
John Chandler Kraus
Appellee
State of Iowa
Appellant
John Chandler Kraus
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge. AFFIRMED. Considered by Bower, C.J., Schumacher, J., and Scott, S.J. Opinion by Scott, S.J. (9 pages)
John Kraus appeals his conviction of second-degree theft as a habitual offender and the sentence imposed. He argues the court erred in instructing the jury on an aider and abettor theory of liability, the evidence was insufficient to support the conviction, and the court abused its discretion by imposing a prison sentence. OPINION HOLDS: We find no error in the court’s inclusion of an aiding and abetting instruction, the evidence was sufficient to support the conviction, and no discretionary abuse in sentencing has been shown. We affirm.
