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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:
Date Published:
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.
