State v. Smithson

Summary

The Iowa Supreme Court reversed Larry Richard Smithson’s conviction for interference with official acts under Iowa Code section 719.1. The court held that Smithson’s failure to turn down music at a police officer’s request did not constitute the active resistance or obstruction required by the statute, particularly where the State had specified that theory in the trial information. The case was remanded for entry of a judgment of acquittal.

Holdings

1. A defendant's failure to turn down or stop music at a peace officer's request, without more, does not constitute the active resistance or obstruction required for a violation of Iowa Code section 719.1(1).
2. When a crime may be committed in different ways and the State specifies one manner of commission in the charging instrument, the State must prove that the offense was committed in the manner charged.

Questions Presented

1. Whether the evidence was sufficient to prove interference with official acts under Iowa Code section 719.1 when the charged conduct consisted solely of failing to turn down or stop the music at an officer's request.
2. Whether the State could rely on an alternative theory of constructive resistance based on Smithson's alleged conduct toward the officer when the trial information specified failure to turn down the music as the manner of committing the offense.

Disposition

reversed_and_remanded