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Case No. 19-1839

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

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:
19-1839
Date Published:
Jun 16, 2021
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.

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