Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-1583

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Jeremy Lee Hill

Appellee

State of Iowa

Appellant

Jeremy Lee Hill

Attorney for the Appellee

Richard Bennett, Assistant Attorney General

Attorney for the Appellant

Nathan A. Olson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1583
Date Published:
Feb 05, 2020
Summary

            Appeal from the Iowa District Court for Warren County, Thomas P. Murphy, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (12 pages)

            Jeremy Hill appeals his conviction of theft in the second degree.  Hill argues instruction sixteen was both an improper statement of the law on aiding and abetting and that it violated his constitutional rights.  Hill also argues insufficient evidence was presented to support his conviction and he received ineffective assistance of counsel.  OPINION HOLDS: Sufficient evidence was presented at trial to support Hill’s conviction of theft in the second degree.  The marshaling instruction on theft in the second degree included an explanation of specific intent, but Hill’s counsel breached his duty in failing to object to the omission of the specific-intent language from the aiding-and-abetting instruction.  However, because there is no reasonable probability a different outcome would have resulted if the instruction had been properly submitted to the jury, no prejudice has resulted, and we affirm. 

© 2024 Iowa Judicial Branch. All Rights Reserved.