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.
Resister
State of Iowa
Applicant
Joseph Allen Bloom
Attorney for the Resister
Louis S. Sloven
Attorney for the Applicant
Denise M. Gonyea
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 16, 2022 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.