State of Iowa
v.
Douglas Raymond Spurgeon
Appellee
State of Iowa
Appellant
Douglas Raymond Spurgeon
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Christine E. Branstad
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge. AFFIRMED. Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (14 pages)
Douglas Spurgeon appeals following his convictions for second-degree murder (count I), assault while participating in a felony causing serious injury (count II), and going armed with intent (count III). Spurgeon contends (1) the greater weight of credible evidence supports a finding someone else’s actions caused the death of Gerald Sapp, so his motion for new trial should have been granted; (2) it was legally inconsistent for the jury to acquit him of first-degree murder but find him guilty of assault while participating in a felony causing serious injury and going armed with intent; and (3) counts II and III should merge with count I. OPINION HOLDS: Because the district court did not abuse its discretion in denying Spurgeon’s motion for new trial based on the weight of the evidence, Spurgeon’s claim that the jury rendered inconsistent verdicts is without merit, and counts II and III do not merge with Spurgeon’s conviction for second-degree murder, we affirm.