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Case No. 16-1980

State of Iowa
Dustin James Ortiz

On appeal from his conviction for the lesser included offense of robbery in the second degree, the defendant argues: (1 )the district court erred in giving jury instruction Nos. 19 (robbery in the second degree) and 20 (robbery in the third degree) because the instructions described offenses that require the same acts; (2) the evidence was insufficient to prove the element of assault, as he never faced the victim and made no threatening movements with the knife nor did he threaten the victim; (3) the verdict was inconsistent with the evidence and with the factual basis for the State’s charging decision; and (4) his trial counsel was ineffective in failing to challenge the robbery statutes on the grounds that they were unconstitutionally vague and overbroad.

Trial Court Case No.:


State of Iowa


Dustin James Ortiz

Attorney for the Appellee

Thomas E. Bakke

Attorney for the Appellant

Stephan J. Japuntich

Supreme Court

Oral Argument Schedule


Nov 13, 2017 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Dec 15, 2017
Date Amended:
Feb 14, 2018

View archived opinions from prior to November 2017

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