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Case No. 18-1402

State of Iowa
v.
Terrance O. Williams

Appellee

State of Iowa

Appellant

Terrance O. Williams

Attorneys for Appellee

Darrel Mullins, Assistant Attorney General

Attorneys for Appellant

Vidhya K. Reddy and Mary K. Conroy, Assistant Appellate Defenders

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1402
Date Published:
May 15, 2019
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.

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