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Case No. 20-1041

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

State of Iowa
John Chandler Kraus


State of Iowa


John Chandler Kraus

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 20, 2021

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

                John Kraus appeals his conviction of second-degree theft as a habitual offender and the sentence imposed.  He argues the court erred in instructing the jury on an aider and abettor theory of liability, the evidence was insufficient to support the conviction, and the court abused its discretion by imposing a prison sentence.  OPINION HOLDS: We find no error in the court’s inclusion of an aiding and abetting instruction, the evidence was sufficient to support the conviction, and no discretionary abuse in sentencing has been shown.  We affirm.

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