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State v. Throgmartin

Court of Appeal of Iowa

June 26, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
JESSE WAYLON THROGMARTIN, Defendant-Appellant.

Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.

Jesse Throgmartin appeals after pleading guilty to domestic assault causing bodily injury, second offense.

David A. Cmelik of David A. Cmelik Law, P.L.C., Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, Jerry Vander Sanden, County Attorney, and Nicholas Maybanks and Nicholas Scott, Assistant County Attorneys, for appellee.

Considered by Doyle, P.J., and Danilson and Mullins, JJ.

DANILSON, J.

Jesse Throgmartin appeals after pleading guilty to domestic assault causing bodily injury, second offense. Because he has failed to demonstrate trial counsel was ineffective or that the court considered an impermissible factor at sentencing, we affirm.

I. Background Facts and Proceedings.

Jesse Throgmartin previously has been convicted twice of domestic abuse assault (in 2002 and 2003).

In a complaint filed March 12, 2012, Throgmartin was charged with domestic assault causing bodily injury, third offense. The complaint alleged Throgmartin, on March 12, 2012, "assaulted [his girlfriend], with whom he resides, by slamming her head against the hood of the car and shoving her to a concrete floor resulting in bodily injury."

The minutes of testimony include these descriptions of the assault:

Upon arriving in the garage area, [girlfriend] told Throgmartin to leave and that she would get him a cab. The defendant began calling [her] names and slammed her against the hood of the car in the garage. The defendant then began yelling louder at her and [girlfriend] began kicking and flailing about in an attempt to get away from him. [She] attempted to bite the defendant's hand anytime it was near her face. [She] was thrown to the cement floor where she hit her head. . . .
. . . [Girlfriend] had a large bump on the back of her head and was very distraught. [She] did not go to the hospital at that time because there were children in the home. The defendant was arrested and the police left the residence. [Girlfriend] later had bruising on her body from the assault which became visible at a later time. Photographs were taken of this bruising. [She] later became nauseous and was experiencing symptoms that she believed were indicative of a concussion. [She] went to the hospital the next morning.

A no-contact order issued. On April 11, 2012, the defendant consented to a finding of contempt for ...


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