State of Iowa
v.
Waylon James Brown
The defendant seeks further review after the court of appeals affirmed his convictions for first-degree robbery and willful injury causing serious injury. The defendant argues (1) there was insufficient evidence to prove he committed robbery in the first or second degree, as a principal or as an aider or abettor; (2) the district court should have merged his convictions for first-degree robbery and willful injury causing serious injury; and (3) the district court erred in denying his motion for a mistrial based on trial delays resulting from juror absence or unavailability.
Resister
State of Iowa
Applicant
Waylon James Brown
Attorney for the Resister
Kyle Hanson, Assistant Attorney General
Attorney for the Applicant
Ashley Stewart, Assistant Appellate Defender
Supreme Court
Oral Argument Schedule
Non-Oral
Sep 14, 2023 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge. AFFIRMED. Heard by Greer, P.J., Chicchelly, J., and Danilson *S.J. Opinion by Chicchelly, J. (12 pages)
Waylon Brown appeals after a jury found him guilty of first-degree robbery and willful injury causing serious injury. OPINION HOLDS: I. When viewed in the light most favorable to the State, substantial evidence shows Brown committed first-degree robbery. II. Because one can commit first-degree robbery without causing a serious injury under the alternative charged, the court did not err in refusing to merge his convictions. III. The trial court did not abuse its discretion in denying Brown’s motions for mistrial because his claims that a nine-day continuance violated his right to a fair trial are merely speculation and conjecture.