April 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            Abraham Riko appeals from judgment and sentence following his convictions for second-degree theft (two counts), assault on a peace officer, and first-degree eluding.  He alleges there is insufficient evidence to support the charges and trial counsel was ineffective in failing to object to a jury instruction on the elements of eluding that included the phrase “and/or.”  OPINION HOLDS: Because substantial evidence supports his convictions and Riko’s ineffectiveness claims fail, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Aaron Ortiz appeals his convictions and sentence for assault with intent to commit sexual abuse causing bodily injury.  He contends his status as a ward and his intellectual disabilities prevented him from making legal decisions, and his plenary guardian should have been involved at all stages of the criminal case—especially the competency proceedings and the guilty plea hearing.  He seeks to establish he is excused from the rules of error preservation due to structural error.  OPINION HOLDS: On this undeveloped record, neither the structural error nor the competency issues allow us to reach the merits of the challenge.  We also find Ortiz’s sentence is not categorically unconstitutional. 

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  REVERSED AND REMANDED FOR DISMISSAL.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (6 pages)

            The defendant, LB Goodjoint, appeals his conviction for possession of a firearm as a felon.  Goodjoint challenges the sufficiency of the evidence to support the determination he was previously convicted of a qualifying felony.  OPINION HOLDS: Because the record lacks substantial evidence to support the “felon” element of the crime of felon in possession of a firearm, we reverse Goodjoint’s conviction, judgment, and sentence and remand for dismissal. 

            Appeal from the Iowa District Court for Butler County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Gamble, S.J.  Opinion by Vaitheswaran, J.  (5 pages)

            Melissa Sadler, individually and as parent and next friend of four children, appeals the district court’s order granting the defendants’ motion to dismiss.  OPINION HOLDS: We affirm the district court’s dismissal for failure to state a claim.

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED ON APPEAL, AFFIRMED AS MODIFIED ON CROSS-APPEAL, AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (15 pages)

            Holly Lewis appeals, and Eric Lewis cross-appeals, the modification of a dissolution-of-marriage decree.  Holly argues the court erred in modifying the physical-care provisions of the decree or, alternatively, she should have been afforded additional parenting time as to the children placed in the parties’ shared physical care.  Eric argues the court erred in placing the two younger children in the joint physical care of both parties rather than in his physical care and the court erred in its child-support calculation as to the joint-physical-care children.  OPINION HOLDS: We conclude Eric met his burden for modification.  We affirm the district court’s finding of the same, but modify the modification decree to place the two younger children in Eric’s physical care.  We also modify the district court’s summer visitation schedule, and affirm the remainder of the visitation schedule.  We reject Eric’s challenges to his support obligations.  We remand the matter to the district court for determination of future support obligations under the physical-care arrangement ordered herein.  Costs on appeal are assessed to Holly. 

            Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J. (4 pages)

            Daron Wilkinson appeals his conviction and sentence for theft in the second degree.  He contends the district court improperly considered the Iowa Risk Revised assessment, violating his due process rights.  He also contends his trial counsel was ineffective in not raising the objection.  OPINION HOLDS: Applying the recent supreme court decisions in State v. Guise, 921 N.W.2d 26, 29 (Iowa 2018), and State v. Gordon, 921 N.W.2d 19, 24 (Iowa 2018), we find because Wilkinson did not raise this issue in the district court, we cannot reach the due process claim on direct appeal.  We preserve the ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings. 

            Appeal from the Iowa District Court for Polk County, Paul Scott, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            Omar Montalvo Nunez appeals his conviction for willful injury causing serious injury.  OPINION HOLDS:  We find Nunez has not preserved error on his claim concerning the use of a key witness to translate during an interview with the victim.  We conclude there is substantial evidence in the record to support Nunez’s conviction for willful injury causing serious injury based on a finding he aided and abetted his brother while the brother was stabbing the victim.  We affirm Nunez’s conviction.

            Appeal from the Iowa District Court for Henry County, Mark Kruse, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (5 pages)

            Thomas Morris appeals the district court’s denial of his application for postconviction relief (PCR) alleging counsel was ineffective for failing to file a motion in arrest of judgment following his guilty plea to second-degree theft.  OPINION HOLDS: Because Morris pointed to no inadequacy in the plea proceeding and the record lacks support for Morris’s claim he expressed a wish to withdraw his guilty plea, we affirm the denial of PCR.

            Appeal from the Iowa District Court for Shelby County, Timothy O'Grady, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Karen Christoffersen appeals the probate court’s denial of her amendment to the report and inventory of the estate of her late husband, David.  David’s sister, Shirley, made a claim for repayment of loans to David.  Shirley contended Karen paid her own debts from the estate and amended the report and inventory to defeat Shirley’s claim.  The district court agreed—finding Karen engaged in self-dealing and refused to approve the amendment.  Karen appeals.  OPINION HOLDS: Because the probate court properly applied provisions of Iowa Probate Code chapter 633 (2017), we affirm the self-dealing determination.  We slightly modify the ruling rejecting the amended report and inventory to allow the correction of the genuine inaccuracies in the original report.  We affirm the ruling as modified and remand for further proceedings. 

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

            Jose Manuel Cruz Ordonez appeals the district court’s denial of his motion to suppress evidence uncovered during a field sobriety test and the court’s subsequent finding of his guilt of operating a motor vehicle while intoxicated (first offense), raising constitutional claims of a violation of his right against self-incrimination and his freedom from unreasonable searches and seizures.  DISPOSITION HOLDS: We affirm the district court’s denial of Cruz Ordonez’s suppression motion and Cruz Ordonez’s conviction, judgment, and sentence for operating a motor vehicle while intoxicated (first offense).

            Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (8 pages)

            Jose Domingo Mendez appeals his convictions for possession with intent to deliver methamphetamine with a firearm enhancement, failure to affix a drug tax stamp, criminal gang participation, and carrying a weapon.  OPINION HOLDS: We find substantial evidence supports the jury’s verdicts.  We affirm all four convictions.

            Appeal from the Iowa District Court for Iowa County, Ian K. Thornhill, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (10 pages)

            James Heal appeals the entry of a civil money judgment, challenging the district court’s conclusion that he was grossly negligent in storing and caring for items under a gratuitous bailment belonging to a Brian Anderson.  Anderson requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s entry of judgment in part, reverse it in part, and remand the matter to the district court for entry of judgment against Heal and in favor of Anderson in the amount of $37,485.23, plus interest in accordance with law, and an order for Heal to return to Anderson the items he is not liable for converting.  Anderson’s request for appellate attorney fees is denied.  Costs on appeal are taxed equally between the parties.