State of Iowa v. Anthony James Stock Sr.

IN THE COURT OF APPEALS OF IOWA
No. 22-1432
Filed February 7, 2024
STATE OF IOWA,
Plaintiff-Appellee,
vs.
ANTHONY JAMES STOCK Sr.,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.
The defendant appeals his convictions for first-degree burglary, first-degree
robbery, conspiracy to commit a forcible felony, and going armed with intent,
challenging the sufficiency of the evidence underlying the convictions and the
district court’s denial of his motion for a mistrial. AFFIRMED.
Adrienne Loutsch of Benzoni & Maffitt Law Office, P.L.C., Des Moines, (until
withdrawal), and Kent A. Simmons, Bettendorf, for appellant.
Brenna Bird, Attorney General, and Thomas E. Bakke and Nicholas E.
Siefert, Assistant Attorneys General, for appellee.
Considered by Greer, P.J., and Ahlers and Buller, JJ.
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GREER, Presiding Judge.
Anthony Stock Sr. challenges his convictions for first-degree burglary, first-
degree robbery, conspiracy to commit a forcible felony, and going armed with
intent, asserting there was not sufficient evidence underlying the convictions and
the district court abused its discretion in denying his motion for a mistrial. We
affirm.
I. Background Facts and Prior Proceedings.
We provide some of the underlying facts from a companion case—the
appeal of Stock’s co-defendant, Thomas Deitrick, from their joint criminal trial:
In January 2022, Shon Johnson and Kevin Bryant moved in
with [Stock]; they both informally agreed to pay Stock money from
monthly government benefits they were receiving as rent. When
Stock demanded the entire checks as their payments came due, they
left Stock’s home and relocated to a motel room. Johnson and
Bryant intended to hide out at the motel as they heard that Stock was
going to rob them.
Around 2:00 a.m. on February 2, [2022,] Deitrick’s paramour
called Johnson to say she and Deitrick were on their way over to
complete a drug transaction. Bryant knew Deitrick and Stock were
friends and was anxious that Stock would find out where he and
Johnson were, but Johnson assured Bryant they were safe. Deitrick
knocked at the door and announced himself. Recognizing Deitrick’s
voice, Bryant looked through the peep-hole, saw no one, and opened
the door. Wearing masks [and with their hoods up], both Deitrick and
Stock entered in what Bryant described as a choreographed
entrance “like military.” Bryant testified that he let Deitrick into the
room, but both he and Johnson testified they would not have done
so had they known Stock was with him. Stock entered holding a
wooden bat with nails on the end, described as a “billy club.”
Carrying the club, Stock approached Bryant, who recognized Stock
by build and voice when Stock asked, “Where’s my money?” Stock
and Deitrick then approached Johnson, and Stock asked him the
same question. Feeling that things were about to get confrontational,
Bryant ran out of the room. Stock hit Johnson with the club before
Johnson also ran from the room. Johnson sustained a cut to his arm
from blocking the blow from the club.
Johnson ran to the front desk area and called 911. Footage
from the motel’s video surveillance, entered as evidence, shows both
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Deitrick and Stock with their faces covered standing to the side of the
door as they wait to enter, entering the room, chasing after Bryant
and Johnson as they leave, and then entering the room again.
Bryant testified his wallet—including his social security disability
debit card—and prescription medication were gone after Deitrick and
Stock left.
State v. Deitrick, No. 22-1430, 2023 WL 5093307, at *1 (Iowa Ct. App. Aug. 9,
2023); accord id. at *2–3 (finding sufficient evidence supported Deitrick’s
convictions and affirming). In the surveillance footage, Stock is carrying the billy
club in his hand as he approaches the room and then leans against the hallway
wall—away from the peep-hole—while Deitrick knocks on the door. In audio from
the 911 call, Johnson twice names Stock and says that he “came in with a baseball
bat” with Deitrick, hit Johnson with the baseball bat, and “they were trying to rob
us.” Stock was charged via trial information with first-degree burglary, a class “B”
felony, in violation of Iowa Code section 713.3 (2022); first-degree robbery, a class
“B” felony, in violation of section 711.2; conspiracy to commit a forcible felony, a
class “C” felony, in violation of section 706.3(1); and going armed with intent, a
class “D” felony, in violation of section 708.8. He was also charged as an habitual
offender pursuant to sections 902.8 and 902.9(1)(c); Stock stipulated to being an
habitual offender.
In July 2022, Stock was tried jointly with Deitrick. Prior to trial, Stock moved
in limine to exclude any evidence of “the Defendant’s previous convictions,” which
the district court granted. At trial, both Bryant and Johnson testified. Bryant stated
that he originally moved out of Stock’s house because he heard that Stock was
going to rob him and that he and Johnson did not owe Stock any money. Bryant
was working on renovating Stock’s center bedroom but “wasn’t done yet. [Stock]
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didn’t have the money to finish it because he was in jail.” Bryant also testified that
he did not give Stock permission to enter the motel room on February 2 and, after
entering, when Stock left, he took Bryant’s wallet and Xanax. When asked to
identify Stock, Bryant pointed to Stock and named him as “Anthony—Anthony
Stock.” After Bryant finished testifying, Stock moved for a mistrial based on the
“jail” statement, and the district court denied the motion.1
Johnson testified that Stock wanted his entire government benefits check,
which is why he stopped staying with Stock after three weeks. Johnson also stated
that he recognized Deitrick and Stock by their appearance and their voices when
they asked for “my money” on February 2. According to Johnson, Stock “faked
like he was going to hit me with a bat but didn’t, and then, I took off. . . . [A]nd as
I am going out the door, then, he swung and I got hit in the elbow, and I went out
the door.” Johnson first identified Stock in the courtroom as wearing a tie but then
agreed with the district court’s correction that Stock did not have a tie on. At the
State’s request, the district court admitted screenshots from body camera footage
of the injury to Johnson’s arm along with screenshots from the admitted motel
surveillance video of Deitrick and Stock approaching the motel room with masks
covering their noses and mouths and the hoods on their jackets up.
The jury found Stock guilty as charged. The district court sentenced Stock
to twenty-five years of imprisonment on the conviction for first-degree burglary,
twenty-five years of imprisonment on the conviction for first-degree robbery, and
1 Deitrick made a second motion for a mistrial based on testimony given by a
member of law enforcement that he reviewed mug shots and located some of
Deitrick. Stock joined the motion, and the district court denied it. This issue was
not developed in this appeal.
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fifteen years on the conviction for going armed with intent. The court ordered Stock
to serve all of the sentences concurrently for a total term of imprisonment of twenty-
five years.2 The conviction for conspiracy to commit a forcible felony conviction
merged into the convictions for first-degree burglary and first-degree robbery.
Stock appeals.
II. Standard of Review.
We review the sufficiency of the evidence supporting convictions for
correction of errors at law. State v. Crawford, 974 N.W.2d 510, 516 (Iowa 2022).
We affirm when the verdict is supported by substantial evidence, meaning “the
quantum and quality of evidence is sufficient to ‘convince a rational fact finder that
the defendant is guilty beyond a reasonable doubt.’” State v. Banes, 910 N.W.2d
634, 637 (Iowa Ct. App. 2018) (citation omitted). In conducting our review, we
“consider[ ] the evidence in the light most favorable to the [verdict], including all
reasonable inferences that may be fairly drawn from the evidence.” Id.We review a ruling on a motion for mistrial for an abuse of discretion. State
v. Phanhsouvanh, 494 N.W.2d 219, 222 (Iowa 1992).
III. Analysis.
Stock raises two arguments on appeal. First, related to all four convictions,
Stock asserts that there was not sufficient evidence that he intended to commit a
felony, theft, or assault; that he did not have a right to be in the motel room; and
that he intended to use a dangerous weapon. Then, he challenges the denial of
2 These sentences were also ordered to run concurrently to Stock’s five-year
sentence for interference with official acts involving a dangerous weapon in case
FECR422469.
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his motion for a mistrial after, he alleges, a witness’s testimony violated the court’s
ruling on the motion in limine.
A. Sufficiency of the Evidence.
1. First-Degree Burglary. Because unchallenged jury instructions become
the law of the case for purposes for our review of sufficiency of the evidence, State
v. Schiebout, 944 N.W.2d 666, 671 (Iowa 2020), to find Stock guilty of first-degree
burglary, the jury had to conclude:
1. On or about the 2nd day of February, 2022, in Scott County,
Iowa, [Deitrick] and/or [Stock] entered or broke into a motel room at
[the motel].
2. The motel room was an occupied structure as defined in
Instruction No. 30.
3. One or more persons were present in the occupied
structure.
4. The defendant or defendants did not have permission or
authority to enter or break into the motel room.
5. The motel room was not open to the public.
6. The defendant or defendants did so with the specific intent
to commit a theft therein.
7. During the incident the defendant or defendants:
a. Possessed a dangerous weapon; or
b. Intentionally or recklessly inflicted body injury on [Johnson].
Stock challenges the evidence supporting the element that he or Deitrick entered
the motel room with the specific intent to commit a theft and contests proof of the
element that he did not have permission to enter the motel room.
Starting with the position he did not intend to commit a theft at the time he
entered the motel room, Stock argues that he entered the room with the intention
to collect the rent that Bryant and Johnson owed him.3 But there is no “claim-of-
3 Stock also claims there is insufficient evidence he entered the motel room with
the intent to commit an assault, but this is not an element of first-degree burglary
as defined for the jury, so we do not consider this argument. Insofar as Stock
means to suggest the jury was improperly instructed, that issue has not been
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right” defense to a charge other than theft, and it is not a defense to the charges
Stock was facing here. See Iowa Code § 714.4 (codifying the claim-of-right
defense and stating that “[n]o person who takes, obtains, disposes of, other
otherwise uses or acquires property, is guilty of theft” (emphasis added)); see also
State v. Miller, 622 N.W.2d 782, 785 (Iowa Ct. App. 2000) (“The express terms of
section 714.4 provide that it is only a defense to a theft charge. Burglary and
robbery are not included.”); State v. Buchanan, No. 17-0695, 2018 WL 3913671,
at *6 (Iowa Ct. App. Aug. 15, 2018) (“[T]his court found this ‘claim-of-right’ defense
was only available for a charge of theft . . . .”). And the law “does not condone the
invasion of the sanctity of another’s home to regain property rights[ ] when viable
legal channels exist to effect a remedy.” Miller, 622 N.W.2d at 787; see also
Buchanan, 2018 WL 3913671, at *8 (collecting cases that follow Miller).
Additionally, Stock maintains that because no cash was taken from Bryant
and because Johnson testified neither his wallet nor any other personal property
was taken, the evidence shows Stock did not have the specific intent to commit a
theft. However, this argument ignores Bryant’s testimony that his wallet—including
a debit card—and prescription pills were taken. A theft did occur—even if not the
exact theft Stock and Deitrick may have originally had in mind. And that they
ultimately took different items or goods than they possibly intended does not
impact Stock’s guilt; first-degree burglary requires only that he had the specific
intent to commit the theft—whether the attempt was ultimately successful is not
preserved for our review. See State v. Davis, 951 N.W.2d 8, 16 (Iowa 2020) (“We
have repeatedly held that timely objection to jury instructions in criminal
prosecutions is necessary in order to preserve any error thereon for appellate
review.” (citation omitted)).
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determinative. See State v. Redmon, 244 N.W.2d 792, 798 (Iowa 1976) (noting
an intruder’s intent at the time of the breaking and entering is the issue and the
fact the intruder failed to complete a theft due to the quick arrival of the police does
not negate the specific intent element).
Next, Stock argues there is insubstantial evidence he and Deitrick did not
have permission or authority to enter the room. While there was evidence
presented to the jury that Bryant and Johnson opened the door to Deitrick, they
did not open it for Stock, who was hiding at the time that they looked through the
peep-hole and who did not speak so as not to alert either of them to his presence.
Bryant and Johnson also both explicitly testified that they would not have let Stock
into the motel room had they known that he was there. See State v. Walker, 600
N.W.2d 606, 608–09 (Iowa 1999) (discussing the privilege defense to burglary).
On top of all of that, Stock arrived with a billy club with nails on the end and with
his face covered by a mask and with his hood up, demanding money. His actions
of concealing his presence and arriving armed could be viewed by a jury as
demonstrating that he anticipated a non-peaceful welcome from Bryant or
Johnson, and therefore he did not have permission or authority to enter.
2. First-Degree Robbery. To find Stock guilty of first-degree robbery, the
jury had to conclude:
1. On or about the 2nd day of February, 2022, in Scott County,
Iowa, [Deitrick] and/or [Stock] had the specific intent to commit a
theft.
2. In carrying out their intention or to assist them in escaping
from the scene, with or without the stolen property, the defendant or
defendants:
a. Committed an assault on [Johnson] and in committing the
assault the defendants used or displayed a dangerous weapon in
connection with the assault; or
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b. Threatened [Johnson] with, or purposely put [Johnson] in
fear of immediate serious injury.
3. The defendant or defendants:
a. Purposely inflicted or attempted to inflict a serious injury on
[Johnson] or
b. Was armed with a dangerous weapon.
Stock claims the State failed to introduce substantial evidence he committed an
assault while using or displaying a dangerous weapon or threatened Johnson to
enable their escape from the scene.4 But the jury did not have to make this specific
finding to conclude Stock was guilty; it could have concluded Stock committed an
assault while using or displaying a dangerous weapon or threatened Johnson to
carry out the theft. Because we are required to affirm if at least one of the
alternatives presented to the jury is supported by substantial evidence, see Iowa
Code § 814.28, and because Stock waived any argument regarding whether
substantial evidence supports the “in carrying out their intention element,” see
State v. Adney, 639 N.W.2d 246, 250 (Iowa Ct. App. 2001), we affirm on that
ground without considering the argument Stock actually raised. See State v.
Triplett, No. 19-1902, 2021 WL 3074475, at *1–2 (Iowa Ct. App. July 21, 2021)
(recognizing “[f]ailure to challenge one of the alternatives is tantamount to
conceding substantial evidence supports that theory” and refusing to consider the
ground actually challenged because “the effort would be futile”).
3. Going Armed with Intent. Stock was guilty of going armed with intent if
the State proved:
1. On or about the 2nd day of February, 2022, in Scott County,
Iowa, [Stock] was armed with an object or weapon.
4 Stock challenges the evidence supporting the element regarding specific intent
to commit a theft again; for the reasons already given, we reject this claim.
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2. The object or weapon was a dangerous weapon as defined
by Instruction No. 31.
3. The defendant was armed with the specific intent to use the
object or weapon against another person.
4. While armed with the object or weapon, the defendant
moved from one place to another.
Stock contends the State failed to introduce substantial evidence he had the bat
with the specific intent to use the bat against someone.5
Stock brought with him a wooden bat that had been modified by adding nails
to it; he arrived at the motel room wearing a hood and a bandana over his face.
After initially concealing himself from the occupants, he demanded money from
them while holding the weapon. Looking at the evidence in the light most favorable
to the verdict, we have little trouble concluding a reasonable jury could infer that
Stock brought the weapon with the intent to use it against the men he believed
were withholding money from him. See State v. Salkil, 441 N.W.2d 386, 388 (Iowa
Ct. App. 1989) (“It is not required that intent be proved by direct evidence; intent is
seldom so proved. ‘Given that criminal intent is rarely susceptible to direct proof,
the fact-finder may determine intent by such reasonable inference and deduction
as may be drawn from facts proved by evidence in accordance with common
experience and observation.’” (citations omitted)).
5 In passing, Stock asserts that the State failed to show that his use of the bat was
without justification. But as the State recognizes on appeal, Stock never asked
that the jury be instructed on justification. Because the jury was not instructed to
consider whether Stock was justified, and because the instructions as given are
the law of the case, we do not reach the merits of Stock’s claim. See, e.g., State
v. Starr, No. 22-0277, 2023 WL 5092065, at *2 (Iowa Ct. App. Aug. 9, 2023). Plus,
Stock failed to develop an argument such that it warrants appellate review. See,
e.g., Cabrera v. Linxwiler, No. 21-1229, 2022 WL 1100288, at *2 n.5 (Iowa Ct. App.
Apr. 13, 2022) (concluding a challenge “is not sufficiently developed for our
consideration”).
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4. Identity. Stock claims that each of his convictions is not supported by
substantial evidence because the State failed to prove he was one of the people
involved at the motel. But as Stock concedes in his appellate brief, “Both Bryant
and Johnson were able to identify Stock as one of the two individuals at their motel
room on February 2, 2022.” So, Stock’s argument amounts to a credibility
determination, which is not our role on appeal when evaluating the sufficiency of
the evidence. See State v. Sanford, 814 N.W.2d 611, 615 (Iowa 2012) (holding
that in reaching its verdict, the jury is “free to reject certain evidence, and credit
other evidence” (citation omitted)); State v. Hutchison, 721 N.W.2d 776, 780 (Iowa
2006) (detailing that in reviewing, “we do not . . . pass upon the credibility of
witnesses”). Plus, Stock makes no challenge to identification based on the motel
surveillance footage, which the jurors received as an admitted exhibit. Substantial
evidence supported the identification of Stock.
B. Motion for a Mistrial.
Lastly, Stock asserts that the district court should have granted his motion
for a mistrial after a witness testified that Stock was in jail. In making this assertion,
Stock relies on Iowa Rule of Evidence 5.404(b) (2022), which provides that
evidence of any “crime, wrong, or other act is not admissible to prove a person’s
character in order to show that on a particular occasion the person acted in
accordance with the character.” He also relies on the court’s ruling on his pre-trial
motion in limine excluding any evidence of his prior convictions. The State
responds that error was not preserved for our review because no objection was
made at the time of Bryant’s testimony. Instead, Stock did not object or move for
mistrial until after cross-examination was completed and the witness was excused.
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Here, the district court was deprived of the opportunity to resolve any
alleged error since the objection came after the witness testified and was
discharged, so error was not preserved. See State v. Jirak, 491 N.W.2d 794, 796
(Iowa Ct. App. 1992) (“[A] mistrial motion must be made when the grounds therefor
first become apparent.”); State v. Brown, No. 14-0667, 2015 WL 5577971, at *4
(Iowa Ct. App. Sept. 23, 2015) (“No motion for mistrial was made until the witness’s
testimony had concluded entirely. Accordingly, error was not preserved.”).
Because error was not preserved, we do not address this argument further.
IV. Conclusion.
We find that there was substantial evidence supporting each of Stock’s
convictions and Stock failed to preserve error on his motion for a mistrial claim.
For these reasons, we affirm.
AFFIRMED.