Supreme Court denies further review on Charles City man’s theft convictions

By Bob Steenson, bsteenson@charlescitypress.com

The Iowa Supreme Court has denied a further appeal on the conviction of a Charles City man for theft and various other charges related to stealing money from gaming machines in Charles City, Floyd and Colwell in the summer 2016.

Daniel Leroy Connerley, age 42, was convicted by a Floyd County District Court jury in September 2017 of three counts in various degrees of theft for for stealing more than $1,000 from two gaming machines located in the Liquor, Beer and Tobacco Outlet in Charles City, for stealing more than $500 from a gaming machine at the 218 Fuel Express in Floyd, and for stealing not more than $200 from a gaming machine at the Colwell Tap.

In each case he was accused of forcing the machines open and taking the cash inside, and was caught on store surveillance video.

He was also convicted of ongoing criminal conduct for committing at least two thefts on a continuing basis; and was convicted of possession of methamphetamine, second offense, an aggravated misdemeanor.

Connerley was sentenced to a total of up to 25 years in prison on the various theft and ongoing criminal conduct charges, with all the prison time suspended, and sentenced to up to five years probation. He was sentenced to 55 days in prison on the drug charge, with credit for time served.

Connerley appealed his convictions and sentence, arguing that the court acted improperly in its jury instructions on one of the theft counts because the jury form for that charge listed an incorrect value of the theft for one of the potential verdicts, resulting in him being convicted of a degree of theft higher than had been charged.

Even though the verdict form was later corrected, Connerley argued that the incident unfairly prejudiced the jury and resulted in him not getting an impartial jury.

He also appealed the conviction on ongoing criminal conduct because of the alleged problem with the related theft conviction.

The Iowa Court of Appeals in April confirmed the convictions, stating the trial judge had corrected the jury form after the error had been pointed out and told the jury to reconsider both that theft charge and the ongoing criminal conduct charge.

The appeals court said Connerley’s attorney failed to object to the faulty jury form when it was first presented, so he failed to “preserve error” for an appeal.

Connerley then appealed the Iowa Court of Appeals’ decision to the Iowa Supreme Court.

The Iowa Supreme Court issued a ruling on Friday denying any further review of the case on the matters that had been raised.

In January 2018, the Iowa Department of Corrections issued a report saying Connerley had violated various aspects of his probation, including being charged with another theft in Floyd County and failure to submit a urine sample for drug testing.

The Floyd County Attorney’s Office filed a motion to revoke probation, and in April 2018 the court found Connerley in contempt for violating the terms of his probation and ordered him to reside at a residential facility for 180 days “or until maximum benefits are achieved,” and ordered him held in jail until space at a residential facility because available.