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Case No. 19-0823

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

State of Iowa
v.
Randy Paul Hofer

Appellee

State of Iowa

Appellant

Randy Paul Hofer

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Attorneys for Appellant

Francis Hurley

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0823
Date Published:
Jun 17, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Sarah E. Crane, Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Mahan, S.J.  Opinion by Schumacher, J.  (15 pages)

            Randy Hofer appeals from convictions and a restitution order that arose as a result of his unauthorized taking of a concrete mixing truck and the events that followed.  He argues the evidence is insufficient to support two of his convictions.  He also claims the trial court erred by refusing to give a jury instruction he requested and he takes issue with the court’s restitution award to the city of Des Moines.  OPINION HOLDS: The evidence is sufficient to support Hofer’s convictions for criminal mischief in the first degree and operating without owner’s consent, and it was not error for the district court to refuse to give the requested jury instruction.  The convictions are therefore affirmed.  We also affirm the restitution order, as we determine the restitution award to the city of Des Moines was supported by evidence in the record, was well within a reasonable range of the evidence, and was within the district court’s discretion.

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