State of Iowa
v.
Charlie Gary, III
Appellee
State of Iowa
Appellant
Charlie Gary, III
Attorney for the Appellee
Kyle Hanson, Assistant Attorney General
Attorney for the Appellant
Karmen Anderson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Bower, C.J. (8 pages)
Charlie Gary III was convicted after a jury trial of first-degree murder, first-degree burglary, first-degree robbery, and abuse of a corpse. On appeal, he challenges the sufficiency of the evidence of malice aforethought to support his first-degree murder conviction and makes claim of prosecutorial misconduct. OPINION HOLDS: Gary concedes no objection was made to preserve his claims of prosecutorial misconduct so we do not address them. Because there is substantial evidence from which the jury could find malice aforethought, we affirm.
