State v. Lyon
| Decision Date | 13 November 1974 |
| Docket Number | No. 57006,57006 |
| Citation | 223 N.W.2d 193 |
| Parties | STATE of Iowa, Appellee, v. Timothy Gordon LYON, Appellant. |
| Court | Iowa Supreme Court |
Brent G. Harstad, Jerald W. Kinnamon and Jon M. Kinnamon, Cedar Rapids, for appellant.
Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen., William G. Faches, County Atty., and Timothy White, Asst. County Atty., for appellee.
Submitted to MOORE, C.J., and MASON, UHLENHOPP, REYNOLDSON, and mCCORMICK, JJ.
Defendant, Timothy Gordon Lyon, appeals from conviction and sentence for robbery with aggravation in violation of Code section 711.2. We affirm.
Defendant's sole assigned error asserts: 'That, given the defendant's admission that he had been convicted of a felony, the trial court erred in failing to instruct the jury, sua sponte, that consideration of a defendant's previous convictions must be limited to defendant's credibility as a witness.'
He relies on the following found in State v. Mays, Iowa, 204 N.W.2d 862, 867:
The record evidence need only be briefly summarized. About 4:00 a.m., September 16, 1974, Keith Wayne Rinderknecht was robbed at gun point as he was about to make a nighttime bank deposit in Cedar Rapids. Rinderknecht made positive identification of defendant as a robber. Another witness identified an automobile driven by defendant near the robbery scene. Defendant attempted to elude police. He testified that was because he had liquor in the car. Defendant denied committing the robbery.
On direct examination defendant testified that about two years previously he had been convicted of the crime of forgery.
The trial court's jury instructions included a general credibility of witnesses instruction and another admonishing the jury to base their verdict on the evidence and to act without prejudice or bias. An instruction such as that referred to in State v. Mays, supra, was not given.
Trial counsel took no exceptions to the instructions, asked for no amplification and filed no motion for new trial raising the issue now relied on by appeal counsel for reversal.
We have repeatedly held that ordinarily, matters not raised in the trial court, including constitutional questions, cannot be effectively asserted for the first time on appeal. State v. Knutson, Iowa, 220 N.W.2d 575, 579; State v. Bruno, Iowa, 204 N.W.2d 879, 884; State v. Armstrong, Iowa, 203 N.W.2d 269, 270, 271, and citations.
Objections to instructions may not be raised for the first time on appeal. Hegtvedt v. Prybil, Iowa, 223 N.W.2d 186, (filed November 13, 1974); Pose v. Roosevelt Hotel Company, Iowa,...
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State v. King, 56913
...questions, cannot be effectively asserted for the first time on appeal. State v. Ritchison, Iowa, 223 N.W.2d 207, 213; State v. Lyon, Iowa, 223 N.W.2d 193, 194 and I. Defendant first asserts the trial court erred in denying his motion to dismiss based on Code section 795.2, frequently refer......
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State v. Smith
...system imposes the burden upon counsel to make a proper record to preserve error in the situations involved in this case. State v. Lyon, 223 N.W.2d 193 (Iowa 1974) (necessity of record regarding limiting instructions); State v. Dewey, supra (necessity of record regarding prosecutor miscondu......
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State v. Kone, 95-0811
...in the trial court, including constitutional questions, cannot be effectively asserted for the first time on appeal. State v. Lyon, 223 N.W.2d 193, 194 (Iowa 1974). For purposes of this opinion, we will assume error has been properly Iowa Rule of Evidence 801(c) defines hearsay as "a statem......
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State v. Shortridge
...and permit the trial court to commit inadvertent error without protest, and then complain for the first time on appeal. State v. Lyon, 223 N.W.2d 193, 194 (Iowa 1974) (holding defendant could not raise objection on appeal that trial court should have sua sponte provided jury instruction whe......