State of Iowa v. Ramona Mae Verdinez, 16-1798

On July 13, 2016, Ramona Verdinez drove juvenile P.S. to a rural occupied home around 12:30 a.m., provided backpacks, gloves, and acted as a lookout while P.S. entered the house through a window.
P.S. took a computer, office supplies, small electronics, jewelry, shoes, and cigarettes and carried items back to Verdinez’s car; Verdinez instructed P.S. to re-enter to look for more items.
Officers located Verdinez in the car and P.S. inside the home; stolen items were found in the car and P.S.’s pockets.
Verdinez was charged with first-degree burglary, second-degree theft, using a juvenile to commit certain offenses, and habitual-offender enhancement; jury convicted her of second-degree burglary, second-degree theft, using a juvenile, and habitual offender.
On appeal Verdinez argued insufficient evidence supported the theft conviction under the joint criminal conduct theory and the joint-criminal-conduct jury instruction was flawed; the jury had been instructed on both joint criminal conduct and aiding-and-abetting with a general verdict form.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was sufficient evidence to sustain second-degree theft under joint criminal conduct	State: evidence shows concerted action and foreseeability of theft as part of the plan	Verdinez: theft was a separate, unplanned act so joint-criminal-conduct instruction was improper	Court: conviction stands because substantial evidence shows Verdinez was an aider and abettor; flawed joint-criminal-conduct instruction not reversible where guilt can rest on aider/abettor theory

State v. Keopasaeuth, 645 N.W.2d 637 (Iowa 2002) (standard for reviewing sufficiency of the evidence)
State v. Sanford, 814 N.W.2d 611 (Iowa 2012) (substantial evidence standard for conviction)
State v. Frei, 831 N.W.2d 70 (Iowa 2013) (standard for reviewing jury instructions)
State v. Rodriguez, 804 N.W.2d 844 (Iowa 2011) (explaining joint criminal conduct requires a second crime that is unplanned but reasonably expected)
State v. Smith, 739 N.W.2d 289 (Iowa 2007) (elements required to prove joint criminal conduct)
State v. Tyler, 873 N.W.2d 741 (Iowa 2016) (flawed joint-criminal-conduct instruction may require retrial if verdict could rest solely on that theory)
State v. Shorter, 893 N.W.2d 65 (Iowa 2017) (discussing liability when group conduct escalates beyond an individual’s act)
State v. Jackson, 587 N.W.2d 764 (Iowa 1998) (aider-and-abettor liability principles)
State v. Lott, 255 N.W.2d 105 (Iowa 1977) (aider-and-abettor requires assent or approval; mere presence insufficient)