State of Iowa
v.
Terrance O. Williams
Appellee
State of Iowa
Appellant
Terrance O. Williams
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy and Mary K. Conroy, Assistant Appellate Defenders
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ. Opinion by Doyle, J. Dissent by Potterfield, J. (6 pages)
Terrance Williams appeals the sentence imposed following his conviction for child endangerment. OPINION HOLDS: Because Williams never raised an objection or otherwise notified the court concerning its failure to allow the child’s mother to make a statement before pronouncing sentence, the claim is not preserved for our review. The district court did not consider any unproven charges in sentencing William, and the record shows it exercised its discretion in denying him a deferred judgment. Accordingly, we affirm. DISSENT ASSERTS: I would reverse. The allegation that Williams hit the boy with the belt is neither proven nor admitted, so the district court’s reliance on the unproven fact in sentencing is an abuse of discretion.