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State v. Yancey

Court of Appeals of Iowa

March 12, 2014

STATE OF IOWA, Plaintiff-Appellee,
v.
NATHANIEL LAMICE YANCEY JR., Defendant-Appellant

Editorial Note:

This decision is published in table format in the North Western Reporter.

Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. Defendant appeals from the judgment, convictions, and sentence following a jury trial and guilty verdict.

Mark C. Smith, State Appellate Defender, and Bradley M. Bender, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Tyler Buller, Assistant Attorney General, John P. Sarcone, County Attorney, Jim Ward, Assistant County Attorney, and Anthony Loan, Student Legal Intern, for appellee.

Considered by Danilson, C.J., and Vaitheswaran and Mullins, JJ.

OPINION

DANILSON, C.J.

Nathaniel Yancey Jr. appeals from the judgment, convictions, and sentence following a jury trial and guilty verdict. On appeal, Yancey maintains he received ineffective assistance from counsel at trial. In support of this contention, he maintains counsel was ineffective for failing to object to a jury instruction. He also maintains the district court failed to provide adequate reasoning to explain the decision to impose consecutive sentences. Following our review, we find counsel did not provide ineffective assistance and affirm Yancey's convictions. We also find the district court provided adequate reasons for the decision to impose consecutive sentences. Accordingly, we affirm.

I. Background Facts and Proceedings.

On December 16, 2011, Yancey was charged with attempt to commit murder, in violation of Iowa Code section 707.11 (2011); assault on a peace officer with a weapon, in violation of sections 708.1 and 708.3; assault while participating in a felony, in violation of section 708.3; going armed with intent, in violation of section 708.8; possession of a firearm by a felon, in violation of section 724.26; and intimidation with a dangerous weapon with intent, in violation of section 708.6.

A jury trial commenced on May 14, 2012. Following the trial, the jury returned a guilty verdict on the lesser-included offense of assault with intent to inflict serious injury on the attempt-to-commit-murder charge. The jury returned guilty verdicts on each of the other five charges. Yancey stipulated he was a habitual offender for the purpose of the sentencing enhancement, pursuant to Iowa Code section 902.8.

Yancey was sentenced on August 3, 2012. The district court sentenced Yancey to serve an indeterminate term of imprisonment not to exceed two years for the conviction of assault with intent to inflict serious injury. For each of the other five convictions, the court sentenced Yancey to serve an indeterminate term of imprisonment not to exceed fifteen years. The court ordered the five fifteen-year sentences to run consecutive to each other, but concurrent to the sentence for the assault with intent to inflict serious injury, for a total term of incarceration not to exceed seventy-five years. Yancey appeals.

II. Standard of Review.

A defendant may raise an ineffective-assistance claim on direct appeal if he has reasonable grounds to believe the record is adequate for us to address the claim on direct appeal. State v. Straw, 709 N.W.2d 128, 133 (Iowa 2006). If we determine the record is adequate, we may decide the ...


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