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Case No. 21-0707

State of Iowa
Jimmy Jacoby Carr


State of Iowa


Jimmy Jacoby Carr

Attorney for the Appellee

Tyler J. Buller (until withdrawal) and Thomas E. Bakke, Assistant Attorneys General

Attorney for the Appellant

Josh Irwin, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 17, 2022

            Appeal from the Iowa District Court for Pottawattamie County, Michael D. Hooper, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Buller, J., takes no part.  Opinion by Potterfield, S.J.  (22 pages)


            Jimmy Carr appeals from his convictions and sentences for first-degree robbery, assault, interference with official acts, and felon in possession of a firearm.  OPINON HOLDS: The district court did not abuse its discretion in declining to give the specific explicit-bias instruction Carr requested.  It was an error to give the instruction on participating in a public offense, but Carr was not prejudiced by the error.  Substantial evidence supports Carr’s convictions for assault and first-degree robbery.  But, because assault is a lesser-included of the robbery charge and there is not substantial evidence of multiple assaults, Carr’s assault conviction should merge with the robbery conviction.  We vacate the assault conviction and remand for dismissal of that count.  Finally, the district court did not abuse its discretion in denying Carr’s motion for new trial.

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