State of Iowa
v.
Joseph Khadori Awino
Appellee
State of Iowa
Appellant
Joseph Khadori Awino
Attorney for the Appellee
Katherine Wenman, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Adria Kester and Amy M. Moore, Judges. AFFIRMED. Considered by Tabor, C.J., Schumacher, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (15 pages)
A jury found Joseph Awino guilty of four counts of willful injury causing serious injury, and the district court sentenced Awino to four ten-year terms of incarceration to be served consecutively, for a total term of incarceration not to exceed forty years. Awino appeals his convictions and sentences, arguing (1) there is insufficient evidence to support the convictions; (2) the district court erred by admitting hearsay testimony; (3) his motion for substitute counsel for sentencing should have been granted; (4) the district court abused its discretion in denying his motion to continue sentencing, and (5) the district court abused its discretion in imposing consecutive sentences. OPINION HOLDS: Because it was not properly preserved, we do not consider Awino’s hearsay claim. We affirm his convictions because they are supported by substantial evidence. And because the district court did not abuse its discretion in denying his motion for substitute counsel for sentencing, his motion to continue sentencing, or in imposing sentence, we also affirm his sentences.