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State of Iowa
v.
Mark Jacob Humphrey
Appellee
State of Iowa
Appellant
Mark Jacob Humphrey
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Mahaska County, Gregory G. Milani, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Badding, JJ. Opinion by Badding, J. (8 pages)
Mark Humphrey appeals his conviction for third-degree burglary. OPINION HOLDS: I. When viewed in the light most favorable to the State, there is substantial evidence that Humphrey had the specific intent to commit theft when he removed a camper and two dogs from his estranged wife’s home. II. The district court correctly applied a weight-of-the-evidence standard in denying Humphrey’s motion for new trial. III. We cannot decide Humphrey’s claim of ineffective assistance of counsel on direct appeal.
