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Case No. 19-1330

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:
19-1330
Date Published:
Apr 29, 2020
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.

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