State of Iowa
v.
Jimmy Jacoby Carr
Appellee
State of Iowa
Appellant
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:
Summary
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.
