November 2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  CONVICTIONS AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (21 pages)

            Timothy Chew was convicted of assault with intent to inflict serious injury and going armed with intent.  Chew appeals, arguing the district court improperly instructed the jury and unreasonably set his appeal bond at $750,000, cash only.  OPINION HOLDS: Finding no prejudice resulting from the jury instructions, we affirm Chew’s convictions.  But because the district court abused its discretion in functionally denying Chew bail, we vacate the appeal bond order.

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  VACATED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (6 pages)

            Trenton D. Shelton appeals his convictions for willful injury resulting in serious injury and assault while participating in a felony.  OPINION HOLDS: We find the record does not provide sufficient factual basis of the underlying felony of the assault charge to support his guilty plea.  On remand, the court should address potential deficiencies in the plea colloquy.  We vacate and remand for further proceedings.

            Appeal from the Iowa District Court for Woodbury County, Todd A. Hensley, District Associate Judge.  CONVICTION AFFIRMED.  SENTENCE VACATED.  CASE REMANDED FOR RESENTENCING.  Considered by Bower, P.J., McDonald, J., and Carr, S.J.  Opinion by Carr, S.J. (5 pages)

            Alfred Joe Ray Gomez appeals the judgment and sentence entered after he entered an Alford plea to operating a motor vehicle while under the influence (OWI), third offense, as an habitual offender.  OPINION HOLDS: I. Gomez contends his trial counsel was ineffective in failing to file a motion in arrest of judgment challenging the knowing and voluntary nature of his plea.  As it relates to the habitual-offender enhancement, his challenge is moot.  As it relates to the OWI, third offense conviction, the record is insufficient for us to conclude that, but for the claimed deficiency, Gomez would have insisted on trial rather than entering his plea.  Therefore, we preserve his ineffective-assistance claim for potential postconviction proceedings for purposes of the OWI, third offense conviction.  II. Applying the habitual-offender enhancement to the sentence for OWI, third offense is an illegal sentence not authorized by statute.        

            Appeal from the Iowa District Court for Jefferson County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (4 pages)

            John Salerno appeals the district court summary judgment ruling in a suit brought by Bank of America, N.A. to recover on a defaulted credit card account.  OPINION HOLDS: We affirm the district court.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

            A mother challenges the district court’s award of physical care of her children to their father.  OPINION HOLDS:  The issues of custody, visitation, and support were properly before the district court.  The court acted in equity in determining that awarding physical care to the father was in the best interest of the children.

            Appeal from the Iowa District Court for Polk County, David N. May, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (6 pages)

            The defendant appeals his conviction for felony eluding after pleading guilty.  OPINION HOLDS: Because there was a sufficient factual basis for the district court to accept the guilty plea, we affirm.

            Appeal from the Iowa District Court for Des Moines County, John G. Linn and Mary Ann Brown, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (11 pages)

            Bobby Joe Morris appeals his convictions and sentence for robbery in the second degree, unauthorized use of a credit card, and ongoing criminal conduct.  OPINION HOLDS: We find Morris’s plea had an adequate factual basis, preserve his other claims of ineffective assistance of counsel for postconviction action, and find the district court did not abuse its discretion during sentencing.  We affirm his convictions and sentence.

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (7 pages)

            Mubarak Mubarak appeals his conviction for robbery in the first degree.  He argues insufficient evidence supports his conviction and his sentence is illegal as being grossly disproportional.  OPINION HOLDS: We find the State presented sufficient evidence to identify Mubarak as the perpetrator and his sentence is not illegal as being disproportionate to the crime.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Michael Buckley appeals the denial of his application for postconviction relief arguing ineffective assistance of plea counsel.  OPINION HOLDS: We affirm the denial of Buckley’s postconviction-relief application.

            Appeal from the Iowa District Court for Johnson County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (9 pages)

            T.K. challenges the court’s finding clear and convincing evidence of serious mental impairment.  She disputes the finding she poses a threat to herself or others if allowed to remain at liberty without treatment.  OPINION HOLDS: Because we find substantial evidence supports the district court’s findings, we affirm.

            Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (4 pages)

            Patrick Racette appeals from the order modifying the joint physical care provision of his divorce decree with Keri Racette.  OPINION HOLDS: We find the district court’s factual determinations are supported by the record, and we agree with the district court’s order finding a substantial change in circumstances and placing the children in Keri’s physical care.

           Appeal from the Iowa District Court for Calhoun County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (3 pages)

           Following the entry of a dispositional order, a mother appeals prior juvenile court orders adjudicating her children to be children in need of assistance and temporarily removing the children from her care.  She claims she was denied due process in relation to the adjudication hearing, challenges the sufficiency of the evidence for adjudication under Iowa Code section 232.2(6)(c)(2) (2018), and argues the court erred in temporarily removing the children after adjudication.  OPINION HOLDS: We find the mother has failed to preserve error on her due process claim, the State met its burden for adjudication, and the issue of temporary removal was rendered moot by the entry of a subsequent dispositional order confirming removal.  We therefore affirm.