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Case No. 19-1822

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

State of Iowa
v.
Jeremy James Greening

Appellee

State of Iowa

Appellant

Jeremy James Greening

Attorney for the Appellee

Darrel Mullins, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1822
Date Published:
Jun 30, 2021
Summary

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

            Jeremy Greening appeals from his conviction of theft in the first degree.  At his September 2019 trial, the jury was instructed it could find Greening guilty of the offense if the State proved either one of two alternatives—that Greening took possession of the skid loader with the intent to deprive the owner of it or Greening exercised control over the stolen skid loader while knowing it was stolen.  In a general verdict, the jury found Greening guilty.  Greening appeals, arguing there was insufficient evidence to support either alternative so his conviction should be reversed.  OPINION HOLDS: We strike Greening’s reply brief, in which he raised for the first time multiple constitutional challenges to Iowa Code section 814.28 (Supp. 2019).  Because section 814.28 applies here, we need only find that substantial evidence supports one of the alternatives given to the jury to affirm Greening’s conviction.  Still, we conclude the jury could have properly convicted Greening under both alternatives and affirm.  

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