Opinion
No. 2-266 / 01-0753.
Filed June 19, 2002.
Appeal from the Iowa District Court for Warren County, DALE B. HAGEN, Judge.
Anthony Negrete appeals from the judgment and sentence following his conviction for assault causing bodily injury. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Stephan Japuntich, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kristin Mueller, Assistant Attorney General, and Kevin Parker, County Attorney, for appellee.
Considered by MAHAN, P.J., and MILLER and HECHT, JJ.
Anthony Negrete appeals from the judgment and sentence following his conviction for assault causing bodily injury in violation of Iowa Code section 708.1 (1999). On appeal, he contends the district court erred in finding there was sufficient evidence to support his conviction. We affirm.
A reasonable jury could find the following facts from the record in this case. On January 24, 2000, Christopher Belcher, Neal Griffiths, and Jon Neufeld celebrated Griffiths's twenty-first birthday. After imbibing at a local gambling establishment, the three friends proceeded to a strip club. At the club, Belcher recognized Shane York, an acquaintance. York bought Belcher a couple of beers. At some point in the evening, Negrete, an employee of the club, asked Belcher to walk with him. As they walked to a back room, Negrete struck Belcher and he lost consciousness. Belcher suffered a lump on his head as a result of the blow.
Belcher regained consciousness and observed several other people who were engaged in a large brawl. Belcher and York began fighting. Griffiths was clubbed and fell to his knees. Neufeld kicked open the locked front doors, went to his vehicle, and called for help. Neufeld went to the back of the club where he saw Belcher crawling out on his knees. Neufeld picked up Belcher and brought him to his car. Both men later attempted to reenter the club to retrieve Griffiths; however, Negrete prevented their entry. The men returned to their car. Negrete and men from the bar surrounded Neufeld's vehicle and proceeded to remove its door handles, and smash its windows, doors, and fenders.
The State charged Negrete with two counts of willful injury and one count of criminal mischief in the fourth degree in violations of sections 708.4, 716.1 and 716.6. Negrete filed notice of a justification defense. The matter was tried before a jury that found him guilty on the lesser included offense of assault causing bodily injury.
Negrete contends the State's evidence fails to prove beyond a reasonable doubt he committed the assault upon Belcher or, in the alternative, that his actions were not justified. Although the State contends trial counsel's motion for judgment of acquittal failed to preserve error on this issue, we find trial counsel's argument regarding the failure of the State to present evidence to negate the defense of justification in support of his motion sufficient.
Negrete alleges that if this court had found a failure to preserve error on this issue, his trial counsel was ineffective. Having resolved the issue in Negrete's favor, we find this issue moot.
We review challenges to the sufficiency of the evidence for errors at law. State v. Rohm, 609 N.W.2d 504, 509 (Iowa 2000). We will uphold a finding of guilt if substantial evidence supports the verdict. Id. Substantial evidence is evidence upon which a rational trier of fact could find a defendant guilty beyond a reasonable doubt. Id. We view the evidence in the light most favorable to the State, but consider all of the evidence, not just the evidence that supports the verdict. State v. Jacobs, 607 N.W.2d 679, 682 (Iowa 2000). Circumstantial and direct evidence are equally probative. State v. Boley, 456 N.W.2d 674, 679 (Iowa 1990).
We find a reasonable juror could conclude Negrete assaulted Belcher causing him a bodily injury. Three witnesses testified Negrete struck Belcher on the head. Furthermore, an officer testified blood was found on the floor and on a chair in the supply room. Moreover, we find a reasonable juror could conclude Negrete's actions were not justified. Belcher testified Negrete approached him, led him away, and struck him without provocation. Belcher's testimony constitutes substantial evidence supporting findings Negrete initiated the confrontation, was not in imminent danger of death or injury, and used unreasonable force. As fact-finder the jury was free to find Belcher's testimony credible and reject testimony regarding Negrete's defense. See State v. Anderson, 517 N.W.2d 208, 211 (holding "jury is free to reject certain evidence, and credit other evidence"). Determinations of credibility are in most instances left for the trier of fact, who is in a better position to evaluate it. State v. Weaver, 608 N.W.2d 797, 804 (Iowa 2000). Accordingly, we affirm.
AFFIRMED.