State of Iowa
v.
Robert Zwolanek
Appellee
State of Iowa
Appellant
Robert Zwolanek
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Lauren M. Phelps
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Muscatine County, Mark D. Cleve and Mark Fowler, Judges. AFFIRMED. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Ahlers, J. (8 pages)
Robert Zwolanek was found guilty of domestic abuse assault with strangulation causing bodily injury and domestic abuse assault while using or displaying a dangerous weapon. He appeals, claiming the district court erred by not granting his motion for judgment of acquittal and motion in arrest of judgment challenging the sufficiency of the evidence supporting the charges; the district court erred in failing to grant his motion for a new trial, claiming the verdicts were contrary to the weight of the evidence; and his trial counsel was ineffective for failing to ensure the jury was instructed on the definition of family or household members. OPINION HOLDS: Finding sufficient evidence to support the guilty verdicts and no abuse of discretion in the district court’s denial of Zwolanek’s motion for a new trial, we affirm the convictions. We do not consider his ineffective-assistance-of-counsel claim on direct appeal.