State v. Miller

622 N.W.2d 782 (2000)

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State v. Miller

Iowa Court of Appeals
622 N.W.2d 782 (2000)

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Facts

Kenneth Konrardy called police to report a burglary at his home and also claimed that a man had been calling his house and asking for his wife. Konrardy provided the caller’s number to police officers, who called it and reached Leonard Miller, Jr. (defendant). Police pretended to be Konrardy during the call, and Miller admitted to kicking in Konrardy’s door. Miller agreed to meet up with the officer on the phone, still believing him to be Konrardy. During that meeting, Miller claimed that he had spent the previous evening at a motel with Konrardy’s wife, where Miller provided her crack cocaine in exchange for sex. Miller claimed he broke into Konrardy’s home to retrieve $220 that Konrardy’s wife stole from him. After Miller confessed, the police officer revealed his identity and arrested Miller for burglary in the third degree. Miller pled guilty and was sentenced to prison. Miller later appealed, claiming that he received ineffective assistance of counsel because his lawyer did not advise him of or investigate the claim-of-right defense, which Miller believed would have negated his intent to commit theft, an element of the burglary charge, because Miller committed burglary to collect money that belonged to him.

Rule of Law

Issue

Holding and Reasoning (Zimmer, J.)

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