State v. Ceaser

585 N.W.2d 192, 1998 Iowa Sup. LEXIS 207, 1998 WL 650881
CourtSupreme Court of Iowa
DecidedSeptember 23, 1998
Docket97-1754
StatusPublished
Cited by68 cases

This text of 585 N.W.2d 192 (State v. Ceaser) 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. Ceaser, 585 N.W.2d 192, 1998 Iowa Sup. LEXIS 207, 1998 WL 650881 (iowa 1998).

Opinions

TERNUS, Justice.

A jury found the defendant, Rodney Lee Ceaser, guilty of second-degree robbery, see Iowa Code §§ 711.1, .3 (1997), and the trial court sentenced him to a mandatory ten-year term of imprisonment, see id. §§ 902.9(3), .12. Ceaser appeals his conviction and sentence, contending (1) the trial court erroneously refused to instruct the jury on his claim of self-defense, and (2) Iowa Code section 902.12, which requires that he serve 100% of the maximum sentence without the possibility of parole or work release, violates the Equal Protection Clause of the federal and state constitutions. See U.S. Const. amend. XIV, § 1; Iowa Const, art. 1, § 6. The State claims error was not preserved on the latter issue. In response, Ceaser asserts his trial counsel rendered ineffective assistance if error was not preserved. We affirm.

I. Background Facts and Proceedings.

In May 1997, employees of Ray’s Superva-lu stopped Ceaser for shoplifting $30 worth of steak. Jason Robinson, the store manager, observed Ceaser put a quantity of meat down the front of his pants. Robinson confronted Ceaser and asked Ceaser to step to the back room with him, stating to Ceaser that he thought Ceaser had some stolen goods. Ceaser denied taking anything and quickly strode toward the exit. Another employee, Matt Bullerman, grabbed Ceaser and wrestled him to the floor. Ceaser struggled against the restraint by “throwing punches.” During this tussle, the stolen meat came out of Ceaser’s pants, coming to rest on the floor, and Robinson’s glasses were knocked off.

Once Robinson and Bullerman had Ceaser under control, they proceeded to a back storeroom. On the way there and twice in the storeroom, Ceaser tried to escape. During the last attempt he successfully bolted from the storeroom, but Bullerman caught him in one of the aisles. Another struggle occurred in which Bullerman sustained a minor eye injury. Soon thereafter, the police arrived and Ceaser gave up his resistance.

The State charged Ceaser with second-degree robbery. Ceaser presented no evidence during trial, but did request a jury instruction on justification as a defense to the assault element of robbery. See Iowa Code §§ 704.3, 711.1(1). The court denied this request, holding in part that there was not substantial evidence to support the instruction. The jury returned a guilty verdict and the court imposed a mandatory ten-year sentence, specifically informing Ceaser that he was subject to the more onerous penalty imposed by section 902.12. Ceaser appeals.

II. Self-Defense Instruction.

We review a challenge to the district court’s refusal to submit a jury instruction for correction of errors of law. See State v. Rains, 574 N.W.2d 904, 915 (Iowa 1998). If substantial evidence exists showing that an affirmative defense applies, the trial [194]*194court must instruct on the defense. See id. Although the burden to disprove self-defense rests with the State, the defendant bears the burden of demonstrating that the record contains sufficient evidence to support an instruction on this issue. See State v. Lawler, 571 N.W.2d 486, 489 (Iowa 1997).

To understand the nature of the affirmative defense asserted by Ceaser, it is helpful to begin with a discussion of the underlying offense of second-degree robbery. The court submitted this charge under the first two alternatives of the general definition of robbery contained in the Iowa Code:

A person commits a robbery when, having the intent to commit a theft, the person does any of the following acts to assist or further the commission of the intended theft or the person’s escape from the scene thereof with or without the stolen property:
1. Commits an assault upon another.
2. Threatens another with or purposely puts another in fear of immediate serious injury.

Iowa Code § 711.1. The element implicated in the justification defense asserted by Ceaser is the assault element of robbery.

Iowa Code section 708.1 defines an assault in part as “[a]ny act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act” when done “without justification.” Id. § 708.1(1). The “without justification” language of section 708.1 gives rise to the affirmative defense of justification to a charge of assault. See State v. Delay, 320 N.W.2d 831, 834 (Iowa 1982). The justification of self-defense, upon which Ceaser relies, is found in Iowa Code chapter 704: “A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any imminent use of unlawful force.” Iowa Code § 704.3.

At this point, it is helpful to turn to the facts of the present case. We think the critical issue here is whether Ceaser reasonably believed that his assaultive actions were necessary to defend himself from an “imminent use of unlawful force.” This issue requires us to focus on the actions of the store employees toward Ceaser and to decide whether those actions could be fairly characterized as the use of “unlawful force.”

At the time Robinson and Bullerman apprehended Ceaser, they were acting under the authority of Iowa Code section 808.12(1). This statute allows a merchant’s employee to detain and search a shoplifter. See id. § 808.12(1) (“Persons concealing property ... may be detained and searched by a ... merchant’s employee_”). In deciding exactly what force, if any, a merchant’s employee may use to detain a shoplifter, we look first to the ordinary meaning of the word “detain.” See State v. White, 545 N.W.2d 552, 555 (Iowa 1996) (“When examining a statutory term, we give words their ordinary meaning, absent any legislative definition or particular meaning in the law.”). “Detain” is defined in the dictionary as “to hold or keep in or as if in custody” and “to restrain esp. from proceeding: hold back: STOP.” Webster’s Third New International Dictionary 616 (unabrid. ed.1993).

By authorizing merchants’ employees to restrain shoplifters or hold them “in custody,” the legislature must have contemplated the use of reasonable force to accomplish the detention. Such force would logically be that which would be permissible to prevent criminal interference with one’s possession of property because the person being detained — a shoplifter — is interfering with a property right. Therefore, we turn to an examination of the force permitted to protect one’s interest in property.

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Bluebook (online)
585 N.W.2d 192, 1998 Iowa Sup. LEXIS 207, 1998 WL 650881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ceaser-iowa-1998.