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State of Iowa
v.
Montrell Ryan McClellan
Appellee
State of Iowa
Appellant
Montrell Ryan McClellan
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
John L. Dirks
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, James A. McGlynn, Judge. AFFIRMED. Considered by Bower, C.J., Greer, J., and Blane, S.J. Opinion by Blane, S.J. (16 pages)
Montrell McClellan appeals his convictions for assault, robbery in the first degree, and intimidation with a dangerous weapon. He argues the district court should have granted (1) his motion for judgment of acquittal as to all charges for lack of substantial evidence as to his identity as the shooter and lack of evidence as to the elements substantiating a robbery, (2) his motion to dismiss based on denial of speedy trial, and (3) his motion for mistrial. OPINION HOLDS: We have no appellate jurisdiction as to McClellan’s appeal of the simple misdemeanor assault. McClellan failed to preserve his motion for judgment of acquittal for lack of sufficient evidence as to identity. We affirm McClellan’s conviction for robbery in the first degree. We find no abuse of discretion in the trial court denying McClellan’s motion to dismiss based upon claimed violation of speedy trial and motion for mistrial.
