2018 Archive | Court of Appeals Court Opinions

            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. 

Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (7 pages)

           Leon Anderson appeals from his conviction of second-degree burglary, claiming there is insufficient evidence to show he entered an occupied structure without right, license, or privilege to enter.  OPINION HOLDS: Substantial evidence supports the victims were occupants of the apartment and had revoked Anderson’s access to the apartment at the time of his entry.  Therefore, Anderson entered the apartment with no right, license, or privilege to enter, and his conviction for burglary in the second degree is affirmed.

           Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple and Bradley J. Harris, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

           Eduardo Cano appeals after pleading guilty to assault with intent to commit serious injury, asserting a claim of ineffective assistance for counsel’s failure to advise him of certain immigration consequences of his plea.  OPINION HOLDS: Because we find the record on direct appeal inadequate to resolve Cano’s ineffective-assistance-of-counsel claim, we affirm his conviction, judgment, and sentence, and we preserve his claim for possible postconviction-relief proceedings to allow the record to be developed.

Appeal from the Iowa District Court for Polk County, Robert J. Blink and Scott D. Rosenberg, Judges.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J. (6 pages)

           Oscar Marco Gipson contends the State did not show substantial evidence to support a jury verdict that he committed the offense of going armed with intent.  He argues there was insufficient evidence he intended to shoot another person.  OPINION HOLDS: Ample evidence in the record, along with the reasonable inferences from that evidence, shows Gipson shot into an occupied bar with the intent to shoot his girlfriend, with whom he was having relationship problems.  Gipson confronted and argued with her at a bar and watched her leave and go to another bar.  He then sprayed the bar with bullets from a semiautomatic weapon.  Substantial evidence supports the jury verdict.  Therefore we affirm. 

Appeal from the Iowa District Court for Marshall County, Timothy J. Finn, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (7 pages)

            Amy Howell appeals her judgment and sentence following a guilty plea.  OPINION HOLDS: We affirm Howell’s judgment and sentence for ongoing criminal conduct and unauthorized use of a credit card.