State v. Smothers

The defendant, David Smothers, was charged with and later convicted of two counts of third-degree burglary. 1 See Iowa Code §§ 713.1, 713.6A (1997). The charges were based on allegations that he burglarized a wig manufacturing business, Today’s Modern Option, and an auto parts shop, Skerik’s Auto Parts, which are located -within the same building.

On appeal, the defendant argues the businesses are located in the same occupied structure; therefore, his conduct constituted only one burglary. He asserts his trial counsel was ineffective for failing to raise this issue. Finding the businesses are…