State of Iowa
v.
Wichang Gach Chawech
Wichang Chawech seeks further review of the court of appeals decision affirming his convictions and sentence in part, and holding he failed to preserve error on his challenge to a mandatory-minimum sentence.
Resister
State of Iowa
Applicant
Wichang Gach Chawech
Attorney for the Resister
Zachary Miller
Attorney for the Applicant
Theresa R. Wilson
Supreme Court
Oral Argument Schedule
Non-Oral
Oct 10, 2024 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (11 pages)
Wichang Chawech asserts there was insufficient evidence for his conviction, that his convictions for assault with intent to cause serious injury and willful injury should have merged, and that the court imposed an illegal mandatory minimum sentence. OPINION HOLDS: We find sufficient evidence was presented for a rational finder of fact to find Chawech’s guilt beyond a reasonable doubt. We conclude that the convictions for assault with intent and willful injury should have merged. Finally, we determine that Chawech’s sentence was not illegal and affirm. PARTIAL DISSENT ASSERTS: I concur with the majority in all respects other than sentencing. The district court imposed a sentence that I believe is illegal because it suspended the fine without also placing the defendant on probation. So I would vacate the sentence and remand for resentencing.