Opinion
No. 4-832 / 03-1888
Filed January 13, 2005
Appeal from the Iowa District Court for Marion County, Sherman W. Phipps, Judge.
Michael Pitts, Jr. appeals his conviction of second-degree burglary, third-degree burglary, operating without owner's consent, and possession of marijuana. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Robert Ranschau, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Martha Boesen, Assistant Attorney General, and Terry E. Rachels, County Attorney, for appellee.
Considered by Huitink, P.J., and Zimmer and Vaitheswaran, JJ.
Michael Pitts, Jr. appeals jury findings of guilt on two counts of second-degree burglary, four counts of third-degree burglary, one count of operating without the owner's consent, and one count of possession of marijuana. He contends "the State failed to proof (sic) each and every element of the offenses charged." The State responds that Pitts did not preserve error. We agree. Although trial counsel moved for judgment of acquittal on all counts, he did not specify the grounds for acquittal he raises on appeal. Therefore, error was not preserved. See State v. Crone, 545 N.W.2d 267, 270 (Iowa 1996). AFFIRMED.
No claim has been made that trial counsel was ineffective in failing to argue his motion with greater specificity. See State v. Crone, 545 N.W.2d 267, 270 (Iowa 1996) (analyzing challenge to sufficiency of the evidence under an ineffective-assistance-of counsel rubric).