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STATE v. JACOBS3/22/2000
[607 NW2d Page 681]
[607 NW2d Page 682]
Following a trial to the district court, the defendant, Charles H. Jacobs, was found guilty of eight counts of first-degree theft, six counts of second-degree theft, one count of third-degree theft, six counts of money laundering, one count of perjury, four counts of first-degree fraudulent practice, one count of second-degree fraudulent practice, one count of falsifying a public document, and two counts of forgery. On appeal, he contends there was insufficient evidence to support the verdict, the constitutional prohibition against double jeopardy was violated by the entry of judgment on all of the offenses, he was deprived of a fair trial due to prosecutorial misconduct, and the sentencing court failed to give reasons for the sentences it imposed. We affirm the convictions, vacate the sentences, and remand the case for resentencing.
I. Sufficiency of the Evidence
The defendant raises several arguments in support of his contention that the trial court's verdicts were not supported by sufficient evidence. Our review is on assigned error. State v. Canas, 597 N.W.2d 488, 494 (Iowa 1999). We view the evidence in the light most favorable to the State but consider all of the evidence, not just that which supports the verdict. Id. We will uphold a verdict if it is supported by substantial evidence. See id. Evidence is substantial if it could convince a rational trier of fact the defendant is guilty of the crime charged beyond a reasonable doubt. Id.
A. Insanity and Diminished Responsibility Defenses
The defendant first contends the trial court erred in finding he had not proven his defenses of insanity and diminished responsibility. A review of the record reveals the defendant practiced law in Dubuque, Iowa. He served as a juvenile court referee and a judicial hospitalization referee from 1984 to 1989, and thereafter returned [607 NW2d Page 683]
to private practice. There was evidence that during his tenure on the bench and later as a private practitioner the defendant sometimes engaged in intemperate behavior and was prone to believe that others were conspiring against him.
During the time period from May 1992 through February 1997, the defendant was involved in several probate matters and served as an attorney for the Marcella Garthwaite and Melvin C. Ward estates. He acted as the executor and attorney for the Rose Adams estate, and he served as the attorney for the guardians and conservators of Edgar Holl.
By March 1997 a criminal investigation had commenced into the defendant's handling of the Ward estate. When questioned under oath on March 3, 1997, the defendant lied about the status of the funds in the estate. The defendant voluntarily hospitalized himself on March 6, 1997.
On March 10, 1997, Robert D. Klauer, the chair of the Grievance Committee of the Dubuque County Bar Association, filed an application for the temporary suspension of the defendant's license to practice law pursuant to Court Rule 118.16 (disability suspension). Five individuals, including the county attorney, Fred McCaw, and his assistant, Ralph Potter, filed affidavits in support of the application. Mr. McCaw's and Mr. Potter's joint affidavit was dated March 7, 1997. The defendant's license was temporarily suspended by this court on March 11, 1997.
On March 14, 1997, an application alleging the defendant suffered from a serious mental impairment was filed by Alfred Hughes, the defendant's friend and former law associate. Iowa Code ยง 229.6 (1997). The defendant stipulated that he was seriously mentally impaired and a commitment order was filed March 19, 19
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