Bartels v. Cair-Dem

Defendant, Mark Frederick Pexa, appeals from his conviction following trial to the court of the unauthorized possession of an offensive weapon in violation of Iowa Code section 724.3 (1995). He contends that certain items that he possessed, if assembled, did not constitute an offensive weapon under the statutory definition applied by the court in its written findings. We agree that the evidence does not support a finding that these items were an offensive weapon under the definition applied by the district court, i.e., the definition contained in section 724.1(3). Because the State has at all times contended that these items were an offensive weapon under an alternative statutory definition contained in section 724.1(4), not considered by the district court in its written findings, we vacate the judgment of conviction and remand the case for further consideration as to the applicability of the alternative definition.