State of Iowa
v.
Bryan O'Neil Watkins
Appellee
State of Iowa
Appellant
Bryan O'Neil Watkins
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Gary Dickey
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Badding, P.J., Langholz, J., and Danilson, S.J. Opinion by Danilson, S.J. (19 pages)
Bryan Watkins appeals his convictions for two counts of assault causing bodily injury, second-degree sexual abuse, and willful injury causing serious injury as a habitual offender. He claims his waiver of his right to counsel was not knowing, intelligent, and voluntary. He argues the two counts of assault causing bodily injury should merge as should his conviction for second-degree sexual abuse and willful injury causing serious injury as a habitual offender. Finally, Watkins challenges the application of the habitual-offender enhancement to his conviction for willful injury causing serious injury. OPINION HOLDS: Watkins’s waiver of his right to counsel was knowing, intelligent, and voluntary. And there was no error, nor was an illegal sentence imposed, by applying the habitual offender enhancement. Because the jury made no finding of separate acts to support Watkins’s conviction of two counts of assault causing bodily injury, those counts merge into one count. Watkins’s convictions for second-degree sexual abuse and willful injury causing serious injury do not merge. We remand for entry of a corrected sentencing order merging the two counts of assault resulting in bodily injury.
