August 2018 Archive | Court of Appeals Court Opinions

      Appeal from the Iowa District Court for Polk County, David N. May, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (11 pages)

            Mejdil Ahmetovic appeals his convictions of possession of a controlled substance with intent to deliver and failure to affix a drug-tax stamp.  He asserts the district court erred in denying his motion to suppress evidence, contending the warrantless traffic stop and subsequent searches of his pocket and an automobile in which he was a passenger violated his constitutional rights against unreasonable searches and seizures under the Fourth Amendment to the United States Constitution and article I, section 8 of the Iowa Constitution.  OPINION HOLDS: We affirm in all respects the district court’s denial of Ahmetovic’s motion to suppress.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            Elijah Wilson appeals his conviction for first-degree robbery, in violation of Iowa Code section 711.2 (2016).  OPINION HOLDS:  Wilson claims the district court abused its discretion by sentencing him to prison instead of placing him on probation.  Wilson also claims he received ineffective assistance because defense counsel permitted him to plead guilty, thereby waiving his claim the matter should be transferred to juvenile court.  We affirm the district court, but determine Wilson’s claim of ineffective assistance should be preserved for possible postconviction proceedings.

           Appeal from the Iowa District Court for Fayette County, David P. Odekirk and Richard D. Stochl, Judges.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (7 pages)

           Abel Quijas, Jr. appeals the district court’s dismissal of his petition to modify restitution.  On appeal, Quijas argues (1) he is entitled to assistance of counsel to challenge the restitution order, (2) the imposition of room-and-board restitution without a hearing creates an illegal sentence—entitling him to assistance of counsel, and (3) he is entitled to a hearing to determine if he has the reasonable ability to pay the ordered restitution.  OPINION HOLDS: Because Quijas filed his petition more than thirty days after judgment entry his claim is civil in nature, and he is not entitled to assistance of counsel.  The imposition of room-and-board restitution without a hearing does not amount to an illegal sentence.  Because on its face, Quijas’s petition is not frivolous, the district court abused its discretion in denying the petition without a hearing.

            Appeal from the Iowa District Court for Polk County, Mary Pat Gunderson, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A contractor appeals from the district court decision to strike an amended resistance to summary judgment and grant of summary judgment on a petition to foreclose a mechanic’s lien.  OPINION HOLDS:  We conclude the amended resistance was untimely and LM Construction did not follow statutory requirements for a mechanic’s lien.  We affirm the district court.

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  AFFIRMED.  Opinion by Mullins, J.  (7 pages)

            Steven Chaney appeals his convictions, following a jury trial, of assault on a peace officer and interference with official acts, contending the district court abused its discretion in denying his motion in limine requesting exclusion of a portion of a video displaying the circumstances of his arrest.  Chaney specifically argues the evidence’s probative value was substantially outweighed by the danger of unfair prejudice.  OPINION HOLDS: We conclude the danger of unfair prejudice, if any, did not substantially outweigh the challenged evidence’s probative value.  In the alternative, we conclude any possible prejudice flowing from the challenged evidence was harmless, as the jury’s mixed verdict reveals it was not unduly inflamed and the convictions were supported by overwhelming evidence of guilt.  We affirm Chaney’s convictions.

           Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J. (9 pages)

           Rodney Hanneman appeals from his conviction for theft in the second degree, claiming there is insufficient evidence to support the verdict.  OPINION HOLDS: We find Hanneman’s claim of insufficient evidence was properly preserved and substantial evidence supports the jury’s determination Hanneman took property owned by another with the intent to permanently deprive. 

           Appeal from the Iowa District Court for Muscatine County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vogel, P.J., Tabor, J., and Carr, S.J.  Opinion by Vogel, P.J. (7 pages)

           Marco Martinez appeals his conviction for criminal mischief in the second degree.  He argues the evidence is insufficient to support his conviction, and the district court abused its discretion when it admitted a photograph as evidence.  OPINION HOLDS: Substantial evidence supports Martinez’s conviction, and the district court did not abuse its discretion in finding a proper foundation to admit the photograph. 

           Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Danilson, C.J., McDonald, J., and Mahan, S.J.  Opinion by Danilson, C.J.  Special concurrence by McDonald, J. (6 pages)

           Daniel Haywood entered a guilty plea to three of five counts of forgery and the remaining two counts were dismissed.  He challenges as illegal the sentence imposing court costs related to the dismissed charges.  OPINION HOLDS: The plea agreement specifically provided for Haywood to pay restitution for the dismissed counts and restitution includes payment of court costs.  Finding no legal error, we affirm.  SPECIAL CONCURRENCE ASSERTS: I concur in the conclusion the defendant failed to prove he was assessed any costs not attributable to his convictions.

Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J. (5 pages)

            Matthew McCanna appeals his judgment and sentence following his guilty plea to absence from custody.  OPINION HOLDS: We affirm McCanna’s judgment and sentence for absence from custody.

           Appeal from the Iowa District Court for Marion County, James D. Birkenholz, District Associate Judge, Terry L. Wilson, Judge, and Steven W. Guiter, District Associate Judge.  CONVICTIONS AFFIRMED.  SENTENCES VACATED.  REMANDED FOR RESENTENCING.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J. (12 pages)

           Nora Pettyjohn appeals her convictions for operating while intoxicated and possession of methamphetamine, second offense.  She argues the court erred in denying her motion to suppress, imposing an illegal sentence, and imposing consecutive sentences without stating the reasons for doing so.  She also argues generally the evidence is insufficient to support her convictions and her counsel was ineffective for failing to file a motion to amend or enlarge the court’s findings.  OPINION HOLDS: We find the court correctly denied her motion to suppress and her sentence was not illegal but rather a procedural sentencing issue not preserved on appeal.  We further find sufficient evidence supports her convictions, and her counsel was not ineffective for failing to request the trial court to amend or enlarge its findings.  However, the court erred in failing to state its reasoning for consecutive sentences. 

            Appeal from the Iowa District Court for Story County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A contractor appeals from the district court’s grant of summary judgment on a petition to foreclose a mechanic’s lien.  OPINION HOLDS:  We find LM Construction did not preserve error on the question of a contract with the general contractor and did not follow statutory requirements for a mechanic’s lien as a sub-subcontractor.  We affirm the district court.

              Appeal from the Iowa District Court for Story County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (11 pages)

            Susan Sheeler appeals the district court’s grant of a directed verdict in favor of defendants on her constitutional claims.  OPINION HOLDS:  We find Sheeler was not deprived of her right to due process in her termination hearing and did not have her right against self-incrimination infringed upon, affirming the district court.