STATE v. POWELL

No. 85-1744.

400 N.W.2d 562 (1987)

STATE of Iowa, Appellee, v. Wayne (NMN) POWELL, Appellant.

Supreme Court of Iowa.

February 18, 1987.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and Raymond E. Rogers, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Christie J. Scase, Asst. Atty. Gen., William E. Davis, Co. Atty., and James D. Hoffman, Asst. Co. Atty., for appellee.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ, and WOLLE, JJ.


LARSON, Justice.

Wayne Powell appeals from his conviction of burglary in the second degree, Iowa Code §§ 713.1, 713.5 (1985), and his sentence as an habitual offender under section 902.8 (1985). We affirm.

In April 1985, Davenport police officers observed broken glass in the door of a beverage store. Because the glass was still falling, they concluded that a break-in had just occurred. A few minutes later, a car drove away from a convenience store...

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