State of Iowa v. Frank Hugo Welte II
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-0677
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-0677
Filed October 7, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Frank Hugo Welte II,
Defendant–Appellant.
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Appeal from the Iowa District Court for Woodbury County,
The Honorable James N. Daane, Judge.
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AFFIRMED
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Robert B. Deck (argued) and Randy Hisey (until withdrawal),
Sioux City, attorneys for appellant.
Brenna Bird, Attorney General, and Zachary Miller (argued), Assistant
Attorney General, attorneys for appellee.
W. Charles Smithson, West Des Moines, attorney for Amicus Curiae.
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Heard at oral argument
by Badding, P.J., and Chicchelly and Langholz, JJ.
Opinion by Badding, P.J.
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BADDING, Presiding Judge.
During deer season in December 2022, a conservation officer
overheard a radio transmission from a voice she recognized as Frank Welte’s.
He was communicating with his hunting party. As the officer would later
recall, Welte told the group that a pair of bucks had “got up” and were
“running” into another field. By the time the officer got to the field, Welte
and five other hunters were circled around a truck with two bucks in the back.
Welte admitted that he shot both of them.
The conservation officer concluded that Welte had violated the “fair
chase law” by using his radio and vehicle to run down the deer. She issued
him a citation under Iowa Code section 481A.24 (2022), which prohibits
using a radio transmitter “to communicate the location or direction” of deer
or “to coordinate the movement of other hunters.” She also cited him for
illegally taking a deer by using a motor vehicle in violation of section 481A.38
and Iowa Administrative Code rule 571-106.11(5).1 A magistrate found Welte
guilty of both charges. Welte appealed the motor vehicle conviction to the
district court. See Iowa R. Crim. P. 2.72(1), (4)(f ). The court found “the
magistrate’s order lacked sufficient facts to convict Welte” and remanded the
case to the magistrate “for further specificity of the facts that justified” the
guilty verdict.
On remand, the magistrate again found Welte guilty, determining that
Welte used “his pickup to find and shoot the deer.” Welte appealed that
ruling, challenging the sufficiency of the evidence. The district court
affirmed the conviction. Welte applied for discretionary review, which the
supreme court granted before transferring the case to our court.
1
This rule was previously numbered 571-106.7(6).
2
Welte raises three issues, but only one is preserved for our review—
whether sufficient evidence supported his conviction. The other two issues,
which challenge the district court’s authority to remand the case to the
magistrate in Welte’s first district court appeal and the constitutionality of
section 481A.38, were neither raised in nor decided by the district court. As
a result, we cannot address them on discretionary review. See Meier v.
Senecaut, 641 N.W.2d 532, 537 (Iowa 2002) (“It is a fundamental doctrine of
appellate review that issues must ordinarily be both raised and decided by the
district court before we will decide them on appeal.”); State v. Chamberlain,
No. 24-1221, 2025 WL 3022844, at *1 (Iowa Ct. App. Oct. 29, 2025) (finding
the defendant failed to preserve error on the issue she raised on discretionary
review because she never called the alleged error to the district court’s
attention).
Turning to the only preserved issue, our review of sufficiency-of-the-
evidence claims is for the correction of errors at law. State v. Bower, 725
N.W.2d 435, 440–41 (Iowa 2006). Under Iowa Rule of Criminal
Procedure 2.72(4)(g), a magistrate’s “[f ]indings of fact . . . shall be binding
on the judge deciding the appeal if supported by substantial evidence.”
“Evidence is substantial if a rational trier of fact could be convinced beyond
a reasonable doubt that the defendant is guilty of the charged crime.” Bower,
725 N.W.2d at 444.
To prove Welte guilty of violating Iowa Code section 481A.38, the
State needed to establish that he took a deer in violation of “the terms,
conditions, limitations, and restrictions” set out in the code and
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accompanying administrative rules. 2 Iowa Administrative Code rule 571-
106.11(5) prohibits the use of automobiles “or any mechanical conveyance or
device” in the taking of game. And section 481A.1(32) defines “take” or
“taking” as “any pursuing, or any hunting, fishing, killing, trapping, snaring,
netting, searching for or shooting at, or stalking or lying in wait” for protected
game.
Welte argues that he did not “pursue,” “ensnare,” “take,” or “kill the
deer with a motor vehicle.” Instead, he contends that based on his years of
hunting in the area, he “presumed where the deer may be heading” and
“then drove his vehicle to the site where he thought it may go.” He questions,
“How else can a person arrive at their hunting location other than driving
there?” That is one explanation of the facts in the record. But “[i]n reviewing
a sufficiency-of-the-evidence claim, we view the evidence in the light most
favorable to the State.” Bower, 725 N.W.2d at 444 (citation omitted). And
when viewed through that lens, the evidence shows that Welte was doing
more than simply driving to a hunting location.
The conservation officer testified that while she was on routine patrol,
she heard Welte and another member of his hunting group on her radio
2
The full text of the statute provides:
It is unlawful for a person to take, pursue, kill, trap or ensnare, buy,
sell, possess, transport, or attempt to so take, pursue, kill, trap or ensnare,
buy, sell, possess, or transport any game, protected nongame animals, fur-
bearing animals or fur or skin of such animals, mussels, frogs, spawn or fish
or any part thereof, except upon the terms, conditions, limitations, and
restrictions set forth herein, and administrative rules necessary to carry
out the purposes set out in section 481A.39, or as provided by the Code.
Iowa Code § 481A.38. Section 481A.1(21)(h) defines “game” to include “elk or deer,
other than farm deer.”
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scanner talking about “where they usually see deer, and just kind of
chitchatting where they should hunt next.” The officer explained that
“because it’s illegal to use radios during deer season,” she contacted other
officers who were in the area to help her find the hunters. While the officer
was doing that, she heard Welte say “that a buck had got up and then another
buck got up and they were running into” a nearby field. As the officer was
making her way to the hunters, she heard more radio traffic about the deer,
suggesting “one was down for sure” and the other was “in the timber.” The
officer testified there was “talk about kind of surrounding this timber” to
“make sure that the other buck didn’t get away.” When she got to the field
about twenty minutes later, the hunters were standing around a truck that
belonged to someone else in Welte’s group with “two full bucks in the back.”
Welte’s truck was parked behind a fence line. When questioned about the
bucks, Welte admitted that he shot them both.
Despite that admission, Welte denied using his truck to pursue the
deer, testifying: “none of our pickups chased a deer, pursued a deer. We used
the pickups to ride around in.” He explained that he drove to a field with
another hunter and “had stepped out, grabbed [his] walkie-talkie, and up
jumped these two bucks.” Welte admitted that he announced to the group
that the bucks were on the move toward a neighboring field. He said that
when the officers arrived at the other field, his truck was parked about fifty
yards away. Welte maintained that he simply “shot a couple bucks that came
into the field where we were at.”
The magistrate found the conservation officer more credible than
Welte and ruled that Welte “plann[ed] the hunting of these deer using his
radio device and his pickup to find and shoot the deer.” The district court
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determined the magistrate’s factual findings were supported by substantial
evidence, reasoning:
It is clear from a review of the magistrate’s . . . opinions that he
concluded from the testimony of the witnesses that the law enforcement
officers’ collective assessment—that [Welte] and his group of pickup and
radio-equipped “hunters” were using radios to maneuver their pickups to
locations where the deer they eventually killed were in the process of
moving—was true.
The court concluded, “It is not hunting to drive to the place toward which
you know the game are running.”
We agree that the magistrate could have reasonably inferred that Welte
pursued the deer by using his truck to overtake and shoot them. See State v.
Brimmer, 983 N.W.2d 247, 256 (Iowa 2022) (affording the State “all
legitimate inferences and presumptions that may fairly and reasonably be
deduced from the record evidence” in reviewing the sufficiency of evidence
(cleaned up)). Welte counters that to be in pursuit of deer, he “would have to
be driving his truck after the deer.” According to Welte, because “he was
parked and out of his truck before he saw the deer” emerge in the second
field, “he could not have been pursuing them with his truck.” We disagree
with this narrow construction of the statute.
Although the statute does not define the word “pursue,” we can “look
to the context in which the term appears and give it its ordinary and common
meaning.” State v. Rhodes, 6 N.W.3d 741, 746 (Iowa 2024) (citation omitted).
Merriam Webster’s dictionary defines “pursue” as “to follow . . . in order to
overtake, catch, kill, or defeat.” Webster’s Third New Int’l Dictionary 1848
(unabr. ed. 2002); see also State v. Schmid, 859 N.W.2d 816, 824 (Minn. 2015)
(defining “pursue” as used in Minnesota’s game and fish laws to mean its
generic dictionary definition of “[t]o follow in an effort to overtake or
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capture” (quoting The American Heritage Dictionary 1431 (5th ed. 2011)).
That is exactly what Welte did here. The record shows that after Welte saw
the deer in the first field, he followed the deer by driving his truck to the field
they were running towards. But for the use of his vehicle, Welte would not
have been able to catch up to the deer. The district court was correct in
concluding substantial evidence supported the magistrate’s finding that
Welte used a vehicle “to directly find and shoot deer.” And so we affirm his
conviction under Iowa Code section 481A.38.
AFFIRMED.
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