State of Iowa v. Arnel Dizdarevic
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-0548
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-0548
Filed October 7, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Arnel Dizdarevic,
Defendant–Appellant.
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Appeal from the Iowa District Court for Polk County,
The Honorable Joseph Seidlin, Judge.
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CONVICTIONS AFFIRMED, SENTENCE REVERSED IN PART,
AND REMANDED WITH INSTRUCTIONS
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Martha J. Lucey, State Appellate Defender, and Mary K. Conroy, Assistant
Appellate Defender, attorneys for appellant.
Brenna Bird, Attorney General, and Olivia D. Brooks, Assistant Attorney
General, attorneys for appellee.
_______________
Considered without oral argument
by Ahlers, P.J., Chicchelly, J., and Mullins, S.J.
Opinion by Mullins, S.J.
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MULLINS, Senior Judge.
A pawnshop security camera recorded Arnel Dizdarevic accepting
$2,000 cash for a stolen diamond pendant. After comparing that evidence to
footage of a similarly dressed man breaking into the pendant-owner’s
apartment earlier the same day, a jury found Dizdarevic guilty of third-degree
burglary and second-degree theft. See Iowa Code §§ 713.6A, 714.2(2)
(2024). The district court sentenced him to prison.
Dizdarevic now appeals, arguing the State’s evidence failed to place
him at the scene of the burglary. He also challenges the legality of a “victim
offender dialogue” required by the district court’s sentencing order. We
review both issues for correction of legal error. See State v. Montgomery, 25
N.W.3d 309, 313 (Iowa Ct. App. 2025) (sufficiency of the evidence); Anderson
v. Iowa Dist. Ct., 989 N.W.2d 179, 181 (Iowa 2023) (illegal-sentence claims).
I. Sufficiency of the Evidence
We begin with Dizdarevic’s claim that the evidence is insufficient to
support his convictions. In considering such a challenge, “[o]ur only task is
to determine whether substantial evidence supports the jury’s conclusion.”
Montgomery, 25 N.W.3d at 316. That standard is satisfied “when the evidence
would convince a rational fact finder the defendant is guilty beyond a
reasonable doubt.” State v. Ernst, 954 N.W.2d 50, 54 (Iowa 2021) (cleaned
up). We review the whole record in the light most favorable to the State. Id.
And we do not attempt to reweigh the evidence or decide questions of
credibility—those are duties for the jury. Montgomery, 25 N.W.3d at 316.
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The trial evidence showed that on October 10, 2024, an Ankeny
resident alerted police that her ground-floor apartment had been burglarized.
She had returned home from work to find her bedroom blinds broken, her
front door ajar, and several items missing from the unit—including a safe that
housed a diamond pendant with the initials “D.K.” Police canvassed the
apartment complex for leads. Recordings from a neighbor’s security camera
soon revealed that two men had visited the unit earlier that day.
Although the view is limited by the camera’s angle and resolution,
footage introduced at trial depicts a man wearing a color-block jacket, dark
pants, and white shoes peering into the apartment and attempting to open a
car parked outside. The man then removes an object roughly the size of a
window screen before disappearing into the unit. A second man soon
approaches the apartment and enters through the front door. After a few
minutes, both men exit and depart out of frame. One carries an object the
size and shape of a personal safe.
Investigators traced the D.K. pendant to a pawnshop in Des Moines.
Store security tape from the afternoon of the burglary was also introduced at
trial. That footage shows two men—later identified as Dizdarevic and Brian
Lee—waiting on a transaction at the pawnshop sales counter. Eventually, an
employee passes Dizdarevic and Lee a stack of bills, and both depart the store
with cash in hand. A pawnbroker would later testify that the money (totaling
$2,000) was paid in exchange for the D.K. pendant, which Dizdarevic
claimed belonged to him. In the footage from the shop, Dizdarevic wears a
color-block jacket with dark pants and white shoes. The red, white, and black
jacket details are consistent with those visible on a burglar at the scene:
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Screenshot from Apartment Security Footage Screenshot from Pawnshop Security Footage
From this evidence, the jury found that Dizdarevic was one of the two
men who entered the pendant-owner’s apartment and removed the safe.1
Dizdarevic contends that inference is unsupported. Although he does not
deny that he was filmed in the pawnshop, he claims he was there to collect a
debt from Lee and that he was unaware of the pendant’s stolen status.
Dizdarevic argues there was “nothing . . . unique” about his clothing that
day, and so the similarity of his outfit is not enough to identify him as one of
the burglars. He also attacks the credibility of the pawnbroker, whose
recollection of the transaction differed slightly from what is shown on store
security footage. Given these issues with the State’s proof, Dizdarevic claims
a rational jury would accept his version of the facts instead.
The problem is that the jury heard Dizdarevic’s account at trial, and it
did not believe him. See State v. Sanford, 814 N.W.2d 611, 615 (Iowa 2012)
(“Inherent in our standard of review of jury verdicts in criminal cases is the
recognition that the jury is free to reject certain evidence, and credit other
evidence.” (cleaned up)). We are not at liberty to override that determination
when it is supported by substantial proof. Considering Dizdarevic’s presence
1
The district court instructed the jury that it could find Dizdarevic guilty of theft
and burglary as a principal or, alternatively, as an aider and abettor. Because the general
verdict does not specify which theory the jury found persuasive, we must affirm if either
is supported by substantial evidence. See Iowa Code § 814.28.
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at the pawnshop when the pendant was sold, his undisputed receipt of the
proceeds, and the uncontroverted video evidence showing a similarly dressed
man entering the apartment just a few hours earlier, a rational jury could infer
that Dizdarevic participated in the burglary. It could further infer that
Dizdarevic either personally removed the owner’s safe or aided and abetted
its removal. See State v. Hearn, 797 N.W.2d 577, 581 (Iowa 2011) (explaining
evidence of a defendant’s “presence, companionship, and conduct before
and after the offense is committed may be enough” to infer aiding and
abetting (cleaned up)). We therefore affirm Dizdarevic’s convictions for
burglary and theft.
II. Victim-Offender Dialogue
Dizdarevic also contends the district court exceeded its authority by
ordering him to take part in a victim-offender dialogue (VOD) in addition to
his prison sentence. Specifically, the court’s dispositional order required
Dizdarevic to “participate in a VOD session with the actual victim of the
crime if the victim chooses to participate, and/or . . . with a person who has
been trained to serve as a community representative.” Some states’
legislatures have authorized remedies of this nature. E.g., Ohio Rev. Code
Ann. § 2929.27(A)(12) (permitting a sentencing court to order “victim-
offender mediation” as an alternative sanction in misdemeanor cases). There
is no such statute in Iowa.
District courts “may only impose punishment authorized by the
legislature.” State v. Louisell, 865 N.W.2d 590, 598 (Iowa 2015). For class
“D” felonies like Dizdarevic’s, our code prescribes an indeterminate
sentence of up to five years, along with a fine. See Iowa Code §§ 902.3,
902.9(1). In some cases, that sentence may be suspended or deferred. See id.
§§ 901.5, 907.3. But nothing permits the court to fashion additional terms,
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no matter how well-intentioned. Here, the State concedes the district court
exceeded its authority by ordering Dizdarevic to participate in a victim-
offender dialogue.2
Unauthorized sentences “are illegal and void.” Louisell, 865 N.W.2d
at 597. That said, when an illegality is severable from the balance of a
defendant’s sentence, we may vacate the challenged portion without
disturbing the rest. See Bonilla v. State, 791 N.W.2d 697, 702 (Iowa 2010);
State v. Maghee, 573 N.W.2d 1, 7 (Iowa 1997). Because both parties agree that
the district court’s victim-offender dialogue requirement is severable, we
vacate that provision and remand for entry of a corrected sentencing order.
See State v. Reed, No. 24–0256, 2025 WL 2793578, at *7 (Iowa Ct. App. Oct.
1, 2025). The remainder of Dizdarevic’s sentence will stand.
CONVICTIONS AFFIRMED, SENTENCE VACATED IN
PART, AND REMANDED WITH INSTRUCTIONS.
2
The State contends that it is within a sentencing court’s authority to order a
victim-offender dialogue as a condition of probation. See Iowa Code § 907.6; State v.
Thacker, 862 N.W.2d 402, 404 (Iowa 2015) (noting a defendant’s probationary sentence
required, among other things, her participation in a victim-offender reconciliation
program). Dizdarevic takes no position on this issue, and we do not address it.
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