State of Iowa
v.
Frederick Lee Hawkins III
Appellee
State of Iowa
Appellant
Frederick Lee Hawkins III
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge. CONVICTIONS AFFIRMED; SENTENCES REVERSED IN PART AND REMANDED WITH DIRECTIONS. Heard by Greer, P.J., and Schumacher, Badding, Chicchelly, and Buller, JJ. Opinion by Greer, P.J. (21 pages)
Hawkins, who struggles with mental health issues, was charged with three counts of assault with intent to commit sexual abuse for his actions against three female victims. In all three instances, Hawkins touched the victim’s buttocks; one female victim reports more significant conduct including Hawkins hugging her from behind, rubbing his erect penis on her, and forcing his hand down her pants. When officers arrived, Hawkins argues he was detained and interrogated before being made aware of his Miranda rights. Finally, Hawkins argues his sentence, as imposed, was illegal because the court did not articulate why his three individual sentences were to be served consecutively, and not concurrently. OPINION HOLDS: Because we review the record as a whole, we find sufficient evidence to support Hawkins’s three counts of assault with intent to commit sexual abuse. We find no Miranda violations and affirm the district court’s suppression ruling. Finally, we remand to the district court to address the narrow question of whether to impose consecutive or concurrent sentences.
