State v. Artzer

609 N.W.2d 526, 2000 Iowa Sup. LEXIS 76, 2000 WL 502625
CourtSupreme Court of Iowa
DecidedApril 26, 2000
Docket99-393
StatusPublished
Cited by95 cases

This text of 609 N.W.2d 526 (State v. Artzer) 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 v. Artzer, 609 N.W.2d 526, 2000 Iowa Sup. LEXIS 76, 2000 WL 502625 (iowa 2000).

Opinions

CADY, Justice.

This is an appeal from a judgment and sentence for second-degree murder in violation of Iowa Code section 707.3 (1997). We affirm.

I. Background Facts and Proceedings.

Larry Artzer and William Kolacia were long-time close friends. They had known each other since grade school. On February 23, 1998, the two men were in a Fort Dodge tavern drinking with other friends. Artzer’s wife, Barbara, came into the tavern late in the afternoon. She expressed her dislike to Artzer over the amount of time he was spending with his friends and handed him her wedding ring.

Shortly after the confrontation, Artzer left the bar. Barbara told Kolacia she was concerned her husband was going to damage her car. Kolacia offered to check on her car, and left the bar. He never returned. He was found lying dead in the parking lot of the tavern approximately ten minutes later. He had been shot with a bullet from a small caliber gun.

Not long after the shooting Artzer called the police to turn himself in. He later related portions of the incident to police. He told police he recalled telling Kolacia to get away from him, and remembered Kola-cia lying on the ground. He also disclosed to police the location of the handgun used to shoot Kolacia. Additionally, Artzer called his father and told him he had shot Kolacia.

A subsequent investigation by police discovered several witnesses to the shooting. Although none of the witnesses were actually able to see the shooting, several heard the gunshot followed by the statement, “I told you I was going to shoot you.” One witness described the voice as “mean.”

Artzer was charged and tried for first-degree murder. He claimed the defense of diminished responsibility and intoxication. The jury found him guilty of second-degree murder, but the district court [529]*529granted Artzer a new trial based on error during the jury deliberations. The motion for new trial was granted on October 29, 1998.

A new trial was scheduled for January 11, 1999. The State subsequently amended the trial information to charge Artzer with murder in the second degree.

On December 10, 1998, substitute counsel entered an appearance for Artzer. On the same date, Artzer filed a motion for continuance of the trial. He alleged his new counsel had planned a vacation during the scheduled trial, and was also unable to begin preparing his defense because he had not yet received his file from previous trial counsel.

The district court held a hearing on the motion for continuance on December 18, 1998. Artzer’s new counsel received the file from prior counsel sometime before the hearing. The district court denied the motion. It found no “good and compelling cause” to extend time for trial.

A trial was held on January 19, 1999. Counsel for Artzer did not raise the defenses of diminished responsibility and intoxication, although Artzer had a lengthy psychiatric history, and a record of alcohol and drug abuse.

The jury found Artzer guilty of murder in the second degree on January 22, 1999. The district court set sentencing for February 19,1999.

On February 11, 1999, Artzer filed a motion for new trial. The motion challenged the sufficiency of the evidence. Artzer, however, again terminated his relationship with his trial attorney and obtained different counsel.

On February 16, 1999, new counsel entered an appearance for Artzer and filed a motion for continuance of sentencing. Artzer also sought a transcript of the trial to enable his new attorney to prepare additional post-trial motions. Artzer believed his trial counsel was ineffective and he wanted time to gather evidence and amend the pending motion for a new trial to allege grounds of ineffective assistance of counsel.

The district court denied the application for a continuance of sentencing. It found Artzer did not establish good cause for a continuance. The district court determined the delay in sentencing would be too time consuming and disruptive to an orderly trial process, and concluded that any Claim of ineffective assistance of counsel could be raised on appeal or postconviction relief.

Artzer was sentenced to a term of incarceration not to exceed fifty years. He was also ordered to pay statutory restitution to the victim’s estate in the sum of $150,000. Artzer appeals.

II. Scope of Review.

Our scope of review varies with the nature of the claims raised. We review claims of insufficient evidence for errors at law. Iowa RApp. P. 4. We review the denial by the district court of a motion for continuance for an abuse of discretion. See Countryman v. McMains, 381 N.W.2d 638, 640 (Iowa 1986). We review claims involving violations of our constitution de novo. State v. Pace, 602 N.W.2d 764, 768 (Iowa 1999). We review challenges to statutes for errors at law. State v. Orozco, 573 N.W.2d 22, 24 (Iowa 1997).

III. Sufficiency of Evidence.

Artzer claims there was insufficient evidence to establish he acted with malice aforethought. The claim is based largely on his long-time close relationship with Kolacia and the lack of any apparent dispute or disagreement between the two men prior to the shooting.

Malice aforethought is an essential element of murder in the second degree. See Iowa Code §§ 707.1, .3 (1997). It is “a fixed purpose or designed to do some physical harm to another which exists prior to the act committed.” State v. Sharpe, 304 N.W.2d 220, 226 (Iowa 1981). [530]*530The intent to inflict harm, however, need not exist for any period of time prior to the act. State v. Love, 302 N.W.2d 115, 119 (Iowa 1981). Moreover, it can be inferred from the use of a weapon. State v. Whiteside, 272 N.W.2d 468, 472 (Iowa 1978); State v. Woodmansee, 212 Iowa 596, 620, 233 N.W. 725, 733 (1930).

We find substantial evidence to support the conviction for murder in the second degree. The record reveals substantial evidence Artzer shot Kolacia with a handgun. Additionally, witnesses overheard a confrontation between the two men just prior to the shooting. This confrontation, along with the evidence that Kolacia was shot with a handgun, supports a finding of malice aforethought. We find a rational trier of fact could conclude Artzer committed murder in the second degree.

IV. Denial of Motions For Continuance.

Artzer alleges the trial court committed error in denying his motions to continue the trial and the sentencing. Artzer sought to continue the trial after terminating his relationship with his original trial counsel to give his new trial attorney additional time to prepare for trial, and to accommodate his attorney’s scheduled vacation. Artzer also wanted to obtain an expert witness, and sought additional time to reconsider his defense of diminished responsibility and intoxication.

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Bluebook (online)
609 N.W.2d 526, 2000 Iowa Sup. LEXIS 76, 2000 WL 502625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-artzer-iowa-2000.