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STATE v. McCALL

No. 07-0763.

754 N.W.2d 868 (2008)

STATE of Iowa, Plaintiff-Appellee, v. Dwight Tyrone McCALL, Defendant-Appellant.

Court of Appeals of Iowa.

May 29, 2008.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant State Appellate Defender, for appellant.

Dwight Tyrone McCall, pro se.

Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, Michael J. Walton, County Attorney, and Amy K. Devine, Assistant County Attorney, for appellee.

Considered by SACKETT, C.J., and HUITINK and MAHAN, JJ.

SACKETT, C.J.

Defendant, Dwight Tyrone McCall, was convicted following a jury trial of criminal mischief in the first degree, in violation of Iowa Code sections 716.1 (2005) and 716.3, and burglary in the third degree, in violation of Iowa Code sections 713.1 and 713.6A. On appeal he contends the trial court erred by revising two jury instructions in response to a question submitted by the jury during deliberations. We affirm.

I. BACKGROUND AND PROCEEDINGS...

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