State of Iowa
v.
Marquis Brumfield
Appellee
State of Iowa
Appellant
Marquis Brumfield
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge. JUDGMENT AND SENTENCES CONDITIONALLY AFFIRMED, RULING ON NEW TRIAL MOTION VACATED AND REMANDED. Considered by Bower, C.J., Ahlers, J., and Scott, S.J. Opinion by Scott, S.J. (7 pages)
Marquis Brumfield appeals his convictions for going armed with intent, possession of a firearm by a felon, and carrying weapons. He contends the trial court used the wrong standard in denying his motion for new trial and considered improper factors in imposing sentences. OPINION HOLDS: The court employed an improper standard in ruling on the motion for new trial, but did not abuse its sentencing discretion. We conditionally affirm the convictions and sentences but vacate the district court’s ruling on the motion for new trial and remand the case for the district court to apply the weight-of-the-evidence standard.
