State v. Belt

NEUMAN, Justice.

Citing violation of double jeopardy principles, the district court granted defendant Jerry Belt a new trial on one count of a three-count indictment. Belt now appeals his conviction on the other two counts and the State cross-appeals from the order granting new trial. We affirm on both appeals.

I. Background Facts and Proceedings. After closing hours on November 29, 1991, someone burglarized the Emerson Food Mart in Emerson, Iowa. Stolen items included packages of meat, ham, turkey and beer. That same night a K Mart in Red Oak, Iowa, was burglarized, resulting in the theft of…