January 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Carr, S.J.  Opinion by Tabor, P.J.  (8 pages)

            The defendant appeals his conviction for operating while intoxicated, contending the district court should have suppressed his breath test results because the arresting officer misinformed him about the right to an independent chemical test.  OPINION HOLDS: Because the record holds sufficient evidence to support the district court’s alternative finding that the defendant was driving under the influence, we find any error in denying his motion to suppress was harmless.  We affirm. 

            Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, C.J.  (3 pages)

            In December 2017, Mark Edward Wilcox filed two petitions to expunge his July 2009 and May 2013 convictions for public intoxication.  The district court denied both petitions for expungement.  OPINION HOLDS: We find the district court correctly interpreted the applicable statute and affirm by memorandum opinion pursuant to Iowa Court Rule 21.26(1)(d) and (e). 

            Appeal from the Iowa District Court for Harrison County, Mark J. Eveloff, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (5 pages)

            Rebecca Jones appeals her conviction, following an Alford plea, of first-degree arson.  She argues her counsel rendered ineffective assistance in allowing her to plead guilty absent a sufficient factual basis to support the charge and failing to file a motion in arrest of judgment to challenge the plea.  OPINION HOLDS: Jones’s plea to arson in the first degree enjoys a factual basis.  Consequently, we conclude counsel did not render ineffective assistance in allowing her to plead guilty or in failing to challenge the plea by way of a motion in arrest of judgment.  We affirm Jones’s conviction.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (5 pages)

            Somvang Meksavanh appeals the summary disposition of his application for postconviction relief (PCR).  OPINION HOLDS: We conclude the State was entitled to judgment as a matter of law and affirm the summary disposition of Meksavanh’s PCR application.

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE PARTIALLY VACATED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Kathy Perry appeals her sentence for driving while her license was barred.  She contends the sentencing court abused its discretion by ordering her to pay attorney fees and court costs without determining what those amounts were but finding she was reasonably able to pay attorney fees.  OPINION HOLDS: The court found Perry had the reasonable ability to pay attorney fees without knowing the amount—we find this was an abuse of discretion and remand for further proceedings.  But, the court made no determination that Perry was reasonably able to pay for court costs.  Therefore, Perry’s challenge to the order to pay court costs is premature.  

            Appeal from the Iowa District Court for Dubuque County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (5 pages)

            On discretionary review, the State challenges the district court’s denial of its motions to dismiss criminal prosecutions in the furtherance of justice.  OPINION HOLDS: The order denying the motion to dismiss provides no reasons why the court refused to grant the dismissal or why dismissal would not have been in the furtherance of justice.  In the absence of stated reasons, we find the district court abused its discretion when it denied the State’s motion for dismissal.  We further find the record made demonstrated sound reasoning and a proper exercise of prosecutorial discretion and executive branch function.  We reverse and remand for the court to enter an order granting the motion to dismiss, without prejudice.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (4 pages)

            Jasiah Finck appeals the denial of his motion for a new trial on weight-of-the-evidence grounds.  OPINION HOLDS: Finding no abuse of discretion, we affirm the district court’s denial of Finck’s motion for a new trial. 

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, C.J.  (2 pages)

            Respondent Galen Shaffer appeals the district court’s order of continuing civil commitment under Iowa Code chapter 299A (2017).  OPINION HOLDS: The district court determined the State’s expert’s report was “more credible and reliable than [Shaffer’s expert]” and “more consistent with other credible evidence.”  We agree and affirm without further opinion.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Harold Lathrop challenges his sentence following convictions for second-degree theft and driving while barred.  First, he contends the sentencing court did not provide sufficient reasons for imposing the sentence following his plea of guilty by plea agreement.  Second, he contends the court’s order that he pay an at-that-time unknown amount of restitution was an abuse of discretion because the court did not determine whether he had the reasonable ability to pay.  OPINION HOLDS: First, because there is a diminished duty to give reasons for the sentence where the sentencing court accepts and adopts the parties’ plea agreement, we find no abuse of discretion in the court’s sentencing.  Second, the sentencing court had no obligation to make an ability-to-pay determination until it entered a plan of restitution, which had not been done in this case.  As the court had no obligation to make the determination, we find Lathrop’s challenge to be premature.  We affirm.  

            Appeal from the Iowa District Court for Winneshiek County, John J. Bauercamper, Judge.  POSSESSION OF CONTRABAND CONVICTION AND SENTENCE VACATED AND CASE REMANDED FOR FURTHER PROCEEDINGS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (8 pages)

            Thomas Monson appeals his conviction, following an Alford plea, of possessing contraband in a jail.  He argues his counsel rendered ineffective assistance in allowing him to plead guilty absent a sufficient factual basis to support his plea.  OPINION HOLDS: We find counsel was ineffective as alleged.  Because there may be additional facts and circumstances not appearing in the record that would support an inference Monson knew he was in the possession of the marijuana, we vacate Monson’s conviction and sentence for that charge and remand for further proceedings.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (4 pages)

            William Simpson appeals the sentence imposed upon his conviction of assault with intent to inflict serious injury.  He argues the court abused its discretion by imposing an excessive sentence.  OPINION HOLDS: We find no abuse of discretion and affirm Simpson’s sentence.

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, C.J.  (2 pages)

            Christopher Beardshear appeals his conviction for operating while intoxicated, first offense.  OPINION HOLDS: The record before us lacks any basis to evaluate his ineffective-assistance claim.  Therefore, we affirm his conviction and preserve his ineffective-assistance claim for possible postconviction proceedings.