Court of Appeals Opinions

            Appeal from the Iowa District Court for Des Moines County, The Honorable Shane M. Wiley, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., Langholz, J., and Bower, S.J. Opinion by Bower, S.J. (4 pages)

            Jerry Johnson appeals the sentence imposed by the district court after revocation of his deferred judgment, claiming the court abused its discretion by sentencing him to prison. OPINION HOLDS: We affirm the sentence imposed by the court.

            Appeal from the Iowa District Court for Delaware County, The Honorable Monica Zrinyi Ackley, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ. Opinion by Ahlers, P.J. (7 pages)

            In this consolidated appeal, A.A. appeals from the entry of the stipulated decree establishing custody, physical care, and support of her child with L.S. and from the corresponding modification of her Iowa Code chapter 236A (2023) protective order.  She argues (1) we can consider her affidavit attached to an Iowa Rule of Civil Procedure 1.904(2) motion stating what she believed occurred during mediation in the custody proceedings; (2) the district court judge should have recused herself from ruling on A.A.’s post-decree motions and L.S.’s Iowa Court Rule 6.807 motion, (3) the district court should have considered her rule 1.904(2) motion to serve as a motion for new trial, and (4) the judge’s conduct during mediation requires the decree be vacated and a new trial granted.  OPINION HOLDS: We cannot consider the affidavit.  A.A. failed to preserve error on her claim regarding the district court judge’s recusal.  Even if we consider A.A.’s 1.904(2) motion to serve as a new trial motion, there is no basis to grant a new trial.  As such, we have no basis to grant A.A. with relief in either proceeding. 

            Appeal from the Iowa District Court for Dubuque County, The Honorable Mark T. Hostager, Judge. APPEAL DISMISSED. Considered without oral argument by Greer, P.J., Badding, J., and Telleen, S.J. Opinion by Telleen, S.J. (3 pages)

            Erik Hanson challenges his guilty plea to assault causing bodily injury. Hanson contends the district court denied him the right to counsel by failing to (1) inquire into the breakdown of the attorney-client relationship, (2) inquire into his claims of ineffective assistance of counsel, and (3) appoint substitute new trial counsel. OPINION HOLDS: Because Hanson waived any conflict claim with his counsel, we lack jurisdiction to hear this appeal. 

            Appeal from the Iowa District Court for Des Moines County, The Honorable John M. Wright, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., Schumacher, J., and Doyle, S.J. Buller, J., takes no part. Opinion by Greer, P.J. (5 pages)

            Dakota Poland brings a second postconviction relief (PCR) application alleging his prior PCR counsel was ineffective.  The State alleges the application is barred by the three-year statute of limitations set forth in Iowa Code section 822.3 (2022).  OPINION HOLDS: Because Poland’s second PCR application was filed more than three years after procedendo issued in his first appeal, and because the State did not waive its statute of limitations defense, the application is time-barred and must be dismissed.

            Appeal from the Iowa District Court for Polk County, The Honorable David Nelmark, Judge. CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND CASE REMANDED. Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ. Opinion by Langholz, J. (8 pages)

            Ray Rice Jr. appeals his conviction for domestic-abuse assault while using or displaying a dangerous weapon, challenging the sufficiency of the evidence to support the jury’s verdict. He also appeals his sentence, challenging a provision in a no-contact order that found he and his mother were “intimate partners” and another prohibiting him from possessing a firearm based on that finding. OPINION HOLDS: Because substantial evidence supports the jury’s verdict, we affirm Rice’s conviction. And we accept the parties’ agreement that there is no factual basis for the intimate-partner finding. So we vacate the no-contact order’s intimate-partner finding and its firearm prohibition based on that finding and remand for the district court to enter a corrected no-contact order.

            Appeal from the Iowa District Court for Page County, The Honorable Craig M. Dreismeier, Judge. AFFIRMED. Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ. Opinion by Chicchelly, P.J. (5 pages)

            Charles White appeals the denial of his application for post-conviction relief (PCR). He alleges ineffective assistance of his PCR counsel.  OPINION HOLDS:  Because we find his ineffective assistance claims were not preserved, and even if they had been preserved we would reject them on the merits, we affirm the district court’s denial of White’s application for postconviction relief.  

            Appeal from the Iowa District Court for Polk County, The Honorable Jesse Ramirez, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., Chicchelly, J., and Bower, S.J. Opinion by Bower, S.J. (6 pages)

            Taurean Murray Jr. appeals his conviction as a person ineligible to carry a dangerous weapon under Iowa Code section 724.8B (2024). He argues the statute is facially unconstitutional under both the United States and Iowa Constitutions and asserts the district court erred in denying his motion to dismiss. OPINION HOLDS: Upon our review, we affirm.

     Appeal from the Iowa District Court for Lee (North) County, The Honorable Joshua P. Schier, Judge. AFFIRMED. Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ. Opinion by Buller, J. (8 pages)

            A criminal defendant appeals from his discretionary sentence following a guilty plea. OPINION HOLDS: Because the district court properly considered the defendant’s statements regarding his knowledge of the victim’s age and the court was not required to accept the defendant’s expert testimony at face value, we affirm. 

            Appeal from the Iowa District Court for Plymouth County, The Honorable James N. Daane, Judge. AFFIRMED. Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ. Opinion by Buller, J. (3 pages)

            A postconviction applicant appeals the denial of relief. OPINION HOLDS: Based on the postconviction court’s credibility findings and the applicant’s failure to argue or prove he would have demanded a trial with different counsel, we affirm. 

            Appeal from the Iowa District Court for Cerro Gordo County, The Honorable Adam D. Sauer, Judge. APPEAL DISMISSED. Considered without oral argument by Greer, P.J., Ahlers, J., and Vogel, S.J. Opinion by Ahlers, J. (3 pages)

            Jerell McKnight argues there is an insufficient factual basis for his guilty plea to two counts of willful injury resulting in bodily injury. OPINION HOLDS: We dismiss the appeal for lack of jurisdiction because McKnight failed to establish good cause to challenge his guilty plea due to his failure to file a motion in arrest of judgment. 

            Appeal from the Iowa District Court for Muscatine County, The Honorable Tom Reidel, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ. Opinion by Ahlers, P.J. (11 pages)

            John Robert West challenges his convictions for seven counts of sexual abuse in the second degree and four counts of lascivious acts with a child. He contends (1) the crimes occurred in a different state, so Iowa lacks territorial jurisdiction; (2) there is an impermissible variance between how three of the counts of sexual abuse in the second degree were charged in the trial information and how they were proved at trial; (3) there is insufficient evidence that he was at least sixteen years old (a required element of proof of lascivious acts with a child); and (4) the district court failed to give sufficient reasons for imposing consecutive sentences. OPINION HOLDS: West’s territorial jurisdiction claim fails due to evidence of preparatory acts that occurred in Iowa. His claim that there was a variance between how three counts were described in the trial information and how they were proved at trial fails because he cannot establish prejudice. Substantial evidence supports the district court’s finding that West was at least sixteen years old based on the observations of West at trial coupled with corroborating circumstantial evidence. And his sentencing challenge fails because the district court provided adequate reasons for imposing consecutive sentences. 

            Appeal from the Iowa District Court for Mahaska County, The Honorable Myron Gookin, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., Chicchelly, J., and Doyle, S.J. Opinion by Chicchelly, J. (7 pages)

            Jereme Owens appeals his jury conviction for stalking in violation of a protective order.  On appeal, Owens argues there was insufficient evidence to show (1) he engaged in a course of conduct, (2) he intended to cause fear or harm, and (3) the victim felt terrorized, intimidated, or threatened.  OPINION HOLDS:  Because substantial evidence supports each element of stalking, we affirm Owens’s conviction.