Opinion
No. 12–1918.
2013-10-2
STATE of Iowa, Plaintiff–Appellee, v. Wayne Michael POWELL, Defendant–Appellant.
Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. A defendant contends (1) the record contains insufficient evidence to support the jury's finding of guilt on a theft charge and (2) his trial attorney was ineffective in failing to object to a marshalling instruction that included an uncharged alternative. AFFIRMED. Mark C. Smith, State Appellate Defender, and Robert P. Ranschau, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, Michael J. Walton, County Attorney, and Joe Grubisich, Assistant County Attorney, for appellee.