State v. Hesford

REES, Justice.

This appeal presents for our determination the sole question whether the use of a shotgun by the defendant against property, and not against a person, in the commission of the crime renders the defendant ineligible for a deferred sentence under the provisions of § 789A.l(l)(c), The Code.

Defendant Steven Craig Hesford, a resident of Cedar Rapids, owned a 12-gauge shotgun which he used for hunting purposes. On December 5, 1974, Hesford secured the gun at his residence, disassembled it and placed it in the trunk of a friend’s car. Hesford was driven to the Steitzer Lincoln-Mercury…