December 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Roy DeWitt appeals his sentence following a guilty plea to eight counts of invasion of privacy.  OPINION HOLDS: Because the plea agreement was conditioned on the district court’s concurrence and the court rejected the plea agreement, DeWitt was entitled to withdraw his plea.  We vacate DeWitt’s sentence and remand for further proceedings consistent with the opinion.   

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Betty Nall appeals from the district court’s dismissal of her application for postconviction relief following her convictions of theft and forgery.  OPINION HOLDS: Nall’s claims, while raised under an ineffective-assistance-of-counsel rubric, implicate the identical sentencing question decided by the supreme court in State v. Nall, 894 N.W.2d 514 (Iowa 2017).  We affirm the postconviction court’s grant of the State’s motion for summary judgment.

            Appeal from the Iowa District Court for Henry County, Mark Kruse, Judge.  JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (29 pages)

            This is a murder case without a body.  Elizabeth Syperda has been missing since July 2000.  She was married to Michael Syperda, but she had recently left him to pursue a relationship with a co-worker.  Elizabeth’s friends and family testified to Michael’s long history of physical abuse and death threats towards Elizabeth.  Michael was charged and convicted of first-degree murder.  He now appeals.  OPINION HOLDS: Because the totality of evidence supports a second-degree murder conviction and the State did not prove beyond a reasonable doubt that Michael acted with the specific intent to kill, we reverse the first-degree murder conviction and remand for entry of judgment and sentence on second-degree murder.  Also, we find that the suppression hearing magistrate had a substantial basis for concluding that probable cause existed to support the search warrant.  Next, we find that no abuse in discretion in the district court’s admission of prior acts evidence.  Also, we may consider Michael’s pro se brief filed before the effective date of a recent statutory amendment prohibiting pro se filings.  Finally, we find Michael cannot show he was prejudiced by counsel allowing a witness to testify by video deposition and that the record is not adequate to address other claims of ineffective assistance of counsel.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J. (7 pages)

            Chad Chapman appeals following his guilty plea to child endangerment, arguing the district court erred in (1) imposing the special sentence and law-enforcement-initiative surcharge; (2) ordering restitution of court costs “without first determining his reasonable ability to pay such costs”; and (3) determining his offense was sexually motivated, a predicate to placement on the sex offender registry.  OPINION HOLDS: (1) The State concedes error on the first point and agrees we must “vacate those parts of Chapman’s sentence.”  (2) Based on State v. Albright, 925 N.W.2d 144, 160–62 (Iowa 2019), we vacate the order for payment of court costs pending completion of a final restitution order.  (3) Because the record contains insufficient evidence to support the district court’s finding that Chapman’s offense was sexually motivated, we vacate the portion of the sentencing order requiring him to register as a sex offender and remand for resentencing. 

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  JUDGMENT OF CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (2 pages)

            Deirdre Laine Witham appeals her sentence following a guilty plea to operating a motor vehicle while intoxicated, third offense.  OPINION HOLDS: We vacate the restitution part of the sentencing order and remand the case to the district court to order restitution in a manner consistent with State v. Albright, 925 N.W.2d 144 (Iowa 2019).

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Jodie Hill appeals the imposition of consecutive sentences following her guilty pleas.  She contends the district court violated Iowa Rule of Criminal Procedure 2.23(3)(d) by failing to state on the record the reasons for its decision to impose consecutive sentences.  OPINION HOLDS: The court complied with rule 2.23(3)(d) in checking the box on the written form sentencing order giving its reasons for imposition of consecutive sentences. 

            Appeal from the Iowa District Court for Warren County, Bradley McCall, Judge.  MODIFICATION REVERSED; WRIT ANNULLED IN PART AND SUSTAINED IN PART.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (13 pages)

            Jamie Plambeck appeals the district court’s order modifying the physical-care award in her divorce decree with Mathew Christy.  Jamie also appeals the district court’s findings that she is in contempt for denying Matthew’s spring break visitation with their daughter P.L.C., for refusing to allow Matthew telephone contact with P.L.C for two weeks, and for failing to communicate regarding the child’s preschool enrollment.  OPINION HOLDS: Because we find Matthew did not prove a substantial and material change in circumstances, we reverse the modification ruling.  Also, because Matthew did establish beyond a reasonable doubt that Jamie violated the decree by refusing him communication with P.L.C. and not providing timely updates on her preschool enrollment, we affirm two of the three contempt findings.   

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Mullins, J.  (3 pages)

            Daniel Smith appeals his conviction of possession of methamphetamine with intent to deliver, second or subsequent offense, and the sentence imposed.  OPINION HOLDS: We affirm Smith’s conviction and sentence. 

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Donnie Ray Thurman appeals his sentence following a guilty plea to driving while barred as a habitual offender.  OPINION HOLDS: We discern no abuse of discretion in the district court’s sentencing decision.

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            Dwight Murray appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: Murray identified no new ground of law to excuse his filing beyond the three-year statute of limitations for postconviction-relief actions.

            Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Mullins, J.  (3 pages)

            Alex Welch appeals the sentences imposed upon two felony drug convictions.  OPINION HOLDS: We affirm the sentences imposed.

            Appeal from the Iowa District Court for Dickinson County, David A. Lester, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (4 pages)

            Eduardo Rodriguez Lopez appeals from the order denying his application for postconviction relief (PCR).  OPINION HOLDS: Rodriguez Lopez’s claim of ineffective assistance of PCR counsel is too general to address on appeal.  He claims his trial counsel was ineffective by admitting he was ready for trial and misusing time and resources fail because he is unable to show prejudice.  He waived a third claim of ineffective assistance of trial counsel, and his claim that the trial court erred in overruling his motion for judgment of acquittal is procedurally barred.