Opinion
No. 1-826 / 00-1552.
Filed January 9, 2002.
Appeal from the Iowa District Court for Linn County, DAVID S. GOOD, Judge.
Defendant Kerry Lynn Guy appeals his conviction for second degree robbery in violation of Iowa Code sections 711.1 and 711.3 (1999). AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, and Richard J. Bennett, Assistant Attorney General, for appellee.
Considered by SACKETT, C.J., and MAHAN and HECHT, JJ.
Defendant-appellant Kerry Lynn Guy appeals his conviction for second degree robbery in violation of Iowa Code sections 711.1 and 711.3 (1999). Defendant claims on appeal that the trial court did not properly weigh the probative value and prejudicial effect of introducing, for purposes of impeachment, evidence of six of his twenty prior convictions. The State responds that defendant did not preserve error, and further, that the trial court was not obligated to perform a balancing test under a plain reading of Iowa Rule of Evidence 609(a). The State contends that defendant's authority that such a balancing test should be performed, namely State v. Axiotis, 569 N.W.2d 813, 815 (Iowa 1997), should be overruled to the extent that it contradicts the plain language of rule 609(a).
We find that error was not preserved in this case and therefore decline to address whether language from Axiotis contradicts rule 609(a). As the State contends, although defendant made an oral motion in limine at trial to bar use of his convictions as impeachment evidence, he did not further object once the court ruled it would let the State choose which convictions to use. Because defendant did not raise his claim in the district court, he may not raise it now. Defendant's argument on appeal has been waived. See State v. Greene, 592 N.W.2d 24, 29 (Iowa 1999).
AFFIRMED.