STATE v. MICKENS

No. 89-903.

462 N.W.2d 296 (1990)

STATE of Iowa, Plaintiff-Appellee, v. Jerry Lee MICKENS, Defendant-Appellant.

Court of Appeals of Iowa.

August 30, 1990.


Attorney(s) appearing for the Case

Raymond E. Rogers, State Appellate Defender, and Shari Barron, Asst. State Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., James A. Smith, County Atty., and Kathleen Deal, Asst. County Atty., for plaintiff-appellee.

Heard by DONIELSON, P.J., and SCHLEGEL and SACKETT, JJ.


SACKETT, Judge.

Defendant Jerry Lee Mickens appeals from judgment and sentence, following a jury trial, where he was convicted of theft in the third degree in violation of Iowa Code section 714.2(3) (1989). He questions, on appeal, admission of prior theft conviction and inadequacy of jury instructions. He also challenges the sentencing procedure. We affirm the conviction. We remand for resentencing.

The charge was based on defendant's alleged attempt to steal...

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