State of Iowa
v.
Keyon Christian Roby
Appellee
State of Iowa
Appellant
Keyon Christian Roby
Attorney for the Appellee
Kyle Hanson, Assistant Attorney General
Attorney for the Appellant
Ashley Stewart, 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, Andrea J. Dryer, Judge. AFFIRMED. Heard by Tabor, P.J., Buller, J., and Potterfield, S.J. Opinion by Tabor, P.J. (10 pages)
Keyon Roby appeals his conviction for first-degree murder, arguing the State didn’t prove he acted with malice aforethought, premeditation, and specific intent to kill. And because premeditated murder was one of the State’s two theories, and the jury delivered a general verdict, he argues his conviction must be reversed. According to Roby, Iowa Code section 814.28 (2019), which directs us to affirm on any supported theory, is unconstitutional. OPINION HOLDS: We find substantial evidence to support the murder conviction on the premeditation theory. Because both theories are supported, we need not address the constitutional claim. We affirm.
