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State of Iowa
v.
Tony Cecil Orr Jr.
Appellee
State of Iowa
Appellant
Tony Cecil Orr Jr.
Attorney for the Appellee
Olivia D. Brooks, Assistant Attorney General
Attorney for the Appellant
Karmen Anderson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge. AFFIRMED. Considered by Bower, C.J., Chicchelly, J., and Blane, S.J. Opinion by Blane, S.J. (11 pages)
Tony Orr Jr. appeals his convictions and sentences for intimidation with a dangerous weapon, going armed with intent, and person ineligible carrying a dangerous weapon. He argues (1) there was insufficient evidence to support his identification as the shooter, (2) the jury instruction regarding going armed with intent was a misstatement of the law, and (3) based upon the erroneous jury instruction the sentences for going armed with intent and intimidation with a dangerous weapon should have merged at sentencing. OPINION HOLDS: (1) sufficient evidence supports the jury verdicts; (2) error was not preserved as to the jury instruction and cannot be considered; and (3) going armed with intent is not a lesser included offense of intimidation with a dangerous weapon and need not be merged. We affirm the convictions and sentences.
