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Case No. 21-1040

State of Iowa
v.
Joseph Allen Bloom

Defendant appealed from the judgment and sentence entered on his convictions for first-degree burglary, first-degree robbery, assault causing serious injury while participating in a public offense, and willful injury causing serious injury. See Iowa Code §§ 708.3(1), 708.4(1), 711.1(1)(a), 711.2, 713.3(1)(b)(2020). Defendant asserts the district court erred by: (1) failing to grant his motion for judgment of acquittal based on lack of independent evidence corroborating accomplice testimony; (2) failing to merge his convictions and sentences; and (3) applying sentencing enhancements under Iowa Code section 902.11 to the convictions for first-degree robbery and first-degree burglary based on his prior conviction for vehicular homicide. The court of appeals affirmed in part, reversed in part, and remanded. Defendant seeks further review.

County:
Wapello

Resister

State of Iowa

Applicant

Joseph Allen Bloom

Attorneys for Resister

Louis S. Sloven

Attorneys for Applicant

Denise M. Gonyea

Supreme Court

Oral Argument Schedule

Non-Oral

Nov 16, 2022 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
21-1040
Date Published:
Dec 16, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1040
Date Published:
Jul 20, 2022
Summary

            Appeal from the Iowa District Court for Wapello County, Gregory G. Milani, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by May, P.J., Chicchelly, J., and Scott, S.J.* Opinion by Chicchelly, J.  (9 pages)

            Joseph Allen Bloom appeals his judgment and sentence in connection with a home invasion that resulted in stolen property and serious physical injuries.  OPINION HOLDS: We reject Bloom’s challenges to the sufficiency of corroborating evidence, non-merger of his assault conviction, and application of the sentencing enhancement.  However, we remand the case for entry of an order merging his conviction for willful injury causing serious injury with first-degree robbery.  We note resentencing is not required because the sentence for his willful injury conviction was ordered to run concurrently with his conviction for first-degree robbery.

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