State of Iowa v. Brandon William Lee

CourtSupreme Court of Iowa
DecidedMay 10, 2024
Docket22-2100
StatusPublished

This text of State of Iowa v. Brandon William Lee (State of Iowa v. Brandon William Lee) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Brandon William Lee, (iowa 2024).

Opinion

IN THE SUPREME COURT OF IOWA

No. 22–2100

Submitted March 21, 2024—Filed May 10, 2024

STATE OF IOWA,

Appellee,

vs.

BRANDON WILLIAM LEE,

Appellant.

Appeal from the Iowa District Court for Linn County, Christopher L.

Bruns, Judge.

The defendant appeals his conviction and sentence for two counts of rob-

bery in the first degree, willful injury causing serious injury, willful injury caus-

ing bodily injury, theft in the first degree, and impersonating a public official.

AFFIRMED. Christensen, C.J., delivered the opinion of the court, in which Waterman,

Mansfield, and McDonald, JJ., joined, and in which May, J., joined except as to

the court’s reliance on the doctrine of legislative acquiescence. McDermott, J., filed a dissenting opinion, in which Oxley, J., joined as to part I, and in which

May, J., joined as to part II.

Martha J. Lucey, State Appellate Defender, and Shellie L. Knipfer (argued),

Assistant Appellate Defender, for appellant.

Brenna Bird, Attorney General, and Anagha Dixit (argued), Assistant At-

torney General, for appellee. 2

CHRISTENSEN, Justice. The defendant was convicted of, among other things, two counts of

first-degree robbery pursuant to Iowa Code section 711.1 (2022) when he as-

saulted a husband and wife in their home in order to steal $50,000 out of their

safe. On appeal, the defendant asserts there was insufficient evidence to sustain

a conviction for two counts of first-degree robbery. We disagree. The evidence is

sufficient to conclude that the defendant intended to commit two separate and

distinct thefts. Therefore, we affirm both convictions and sentences for first-de-

gree robbery.

I. Background Facts and Proceedings.

On the evening of January 9, 2022, Sandra (Sandy) and Joeseph (Joe)

Henderson (collectively “the Hendersons”) were watching television when there

was a knock at their door. At the door was the defendant, Brandon Lee, a

stranger to the Hendersons. The defendant was wearing a badge around his

neck. He introduced himself as a law enforcement officer and stated he was in-

vestigating the Henderson’s son, Alan. Sandy let him in. The defendant told the

Hendersons he had received a report that they had assaulted Alan. Sandy denied

the accusation, and the defendant began yelling at her. Registering that some- thing may be suspicious, Sandy asked him for his name. The defendant then

punched Sandy in the side of the head and knocked her to the floor. He tried to

tie Sandy’s hands behind her back, but Joe attempted to stop him from doing

so. As a result, the defendant pushed Joe back into his recliner. Sandy then

stood up, and the defendant pushed her onto the couch.

The defendant went to the front door and stated, “[Y]ou guys can come in

now,” but no one entered the home. He then fired his gun at a window between

Joe and Sandy. The defendant demanded to know where their safe was and 3

yelled, “[G]ive me the fucking money.” Sandy told him the safe was in the base-

ment. The defendant demanded Joe open the safe. Joe resisted, and the defend-

ant began beating him. Sandy tried to call 911 but the defendant threw her

against the front door with enough force for the outside surveillance camera to

capture the door visibly moving upon impact. He then punched her, pointed his

gun in her face and stated, “I’m going to kill you, bitch, I’m going to kill both of

you.” The defendant walked back to Joe and began to drag him down the base-

ment stairs. Sandy was able to escape the home through the garage and ran

shoeless through the snow to a neighbor’s house. The neighbor called 911. When

the police arrived, the defendant was gone.

After taking the money from the safe, the defendant left the Henderson’s

home and made a series of stops to several different acquaintances’ houses. At

one house he discarded some of his clothes, his boots, the fake badge, and li-

cense plates. All items were recovered by the police. At another house he used a

phone to try and find a ride. At a third house, an acquaintance provided the

defendant with a change of clothes. However, that individual sensed something

was wrong and decided to preserve anything the defendant touched by placing

the items in a bin and later providing the items to law enforcement. The defend- ant was then picked up by two friends to be taken back to his home in Cedar

Rapids. During this drive through Linn County, the defendant was hyper-fo-

cused on ensuring the driver followed all traffic laws and requested they not stop

in Marion for gas due to the heavy police presence in Marion. When he was even-

tually dropped off at his home, the defendant placed a bag of bullets in one of

the friend’s pockets, which she then handed to the second friend, who subse-

quently provided the bullets to law enforcement.

After the incident, the Hendersons were transported to the hospital. Sandy suffered a laceration on her scalp that was closed with staples and had bruising 4

around her left eye. Joe sustained a broken upper jaw, a fracture behind his

eyes, a cheekbone fracture, a midface fracture, and a broken nose. Due to the

fractures, Joe was unable to chew solid food for several weeks. Joe also sustained

a laceration on his scalp that required stitches, several contusions and abrasions

on the back of his arms and forearms, and contusions from his chest area into

the mid-back area. Prior to the incident, Joe had been suffering from colon can-

cer and Lewy Body dementia. His dementia progressed and Joe was moved to an

assisted living facility on February 16, 2022, barely a month after the attack,

where he later passed away due to complications from cancer.

The investigation revealed that $50,000 from the Henderson’s safe was

missing and that the DNA on the recovered boots matched the DNA of both the

defendant and Joe. The money was never recovered. The defendant was charged

with two counts of robbery in the first degree, two counts of willful injury causing

serious injury, theft in the first degree, and impersonating a public official. A

jury trial commenced on July 12, 2022. The defendant moved for a judgment of

acquittal, which was denied on all counts but one. The court found insufficient

evidence of a serious injury to Sandy and required the charge to be submitted to

the jury as willful injury causing bodily injury. The jury found the defendant guilty of all six charges.

The defendant was sentenced to twenty-five years for each conviction of

robbery in the first degree. For the offense of willful injury causing serious injury

to Joe, the defendant was sentenced to ten years. For the willful injury causing

bodily injury to Sandy, the defendant was sentenced to five years. For theft in

the first degree, the defendant was sentenced to ten years. For impersonating a

public official, the defendant was sentenced to two years. The sentences for the

two robbery convictions were ordered to be served consecutively, for a total of 5

fifty years, with a minimum sentence of thirty years before being eligible for pa-

role. The remaining sentences were ordered to be served concurrently to each

other and consecutively to the robbery convictions. The defendant timely ap-

pealed.

II. Standard of Review.

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