Burglary Conviction Upheld for “Picker” Targeting Remote Farm Building.

Date of decision:

The defendant was convicted of burglary in the third degree (as a habitual offender) after a farmer caught him stealing tools and other items from a remote farm building. He alleged upon discovery that the building hadn’t been entered for three to five years and that he was just “picking.” On appeal, the defendant argued that an aiding and abetting jury instruction was inappropriate and that he received ineffective assistance of counsel. The court affirmed the judgment, finding that the woman in his car when he was caught in the act could have been participating in the theft. As such, the aiding and abetting instruction was not error. The court also found that defendant’s counsel was not ineffective for failing to raise the issue of insufficiency of the evidence. The State’s case against defendant was strong. Defendant’s allegations of no evidence of specific intent had no merit, and he suffered no prejudice. State v. Braden, No. 13-2014, 2015 Iowa App. LEXIS 42 (Iowa Ct. App. Jan. 28, 2015).

 

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