from the Iowa District Court for Story County, Timothy J.
defendant appeals his convictions, alleging ineffective
assistance of counsel, and his sentences, alleging the
district court abused its discretion. AFFIRMED.
C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Darrel Mullins, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Doyle and Tabor, JJ.
POTTERFIELD, Presiding Judge.
Williams appeals his convictions and sentences for
second-degree burglary, simple assault, assault causing
bodily injury, and child endangerment. He alleges his trial
counsel was constitutionally ineffective for failing to
object to testimony and other evidence derived from his cell
phone records. Additionally, he contends the trial court
abused its discretion by ordering the maximum fines on each
charge and imposing consecutive prison sentences. After
careful review, we affirm.
Background Facts and Proceedings.
and the complaining witness had a two-year romantic
relationship, which resulted in a child. All three resided in
the complaining witness's home. However, just prior to
the incident, Williams and the complaining witness broke up.
Williams moved out of the home but left some of his personal
effects at her home. The complaining witness eventually took
Williams some of his belongings; however, several of his
items remained at the home, including some legal documents,
his identification, his electronic benefits transfer card,
and various photos.
no longer romantically involved, Williams and the complaining
witness kept in communication with each other via text
messages and phone calls. The complaining witness indicated
she no longer wished to pursue a romantic relationship with
Williams despite his repeated sexual advances. Williams
contends the two continued a sexual relationship.
March and April 2015, Williams and the complaining witness
exchanged text messages, described as "just arguing back
and forth." The arguing apparently peaked on April 13
when the complaining witness told Williams she did not want
him anywhere near their child.
evening, the complaining witness and a friend stayed at the
complaining witness's residence, where they smoked
marijuana "to relax." Once the friend left, the
complaining witness said she took two anti-anxiety and one
antidepressant pills before going to sleep. The complaining
witness testified she awakened sometime between 11:30 p.m.
and 1:00 a.m. when Williams put his penis into her mouth. She
further stated he proceeded to have sex with her without her
consent while the child was present in the room; Williams
denied the two had sex. Following this, the complaining
witness testified Williams asked her for a ride back to Ames,
to which she agreed because she wanted him out of her home.
complaining witness testified that although Williams still
had personal belongings in her home, he was not welcome to
enter without her permission. Williams testified he went to
her home in order to retrieve his belongings. He knew the
front door did not lock properly and that he could open it.
way to Ames with the child in the backseat of her car, the
complaining witness and Williams began arguing. The
complaining witness contended the argument began when
Williams inquired into whether she was seeing other men and
bringing them around the child, to which she admitted she
was. According to her, Williams became enraged and struck her
three or four times in the face with a backhanded, closed
fist. She testified she then slammed on the vehicle's
brakes in the middle of Highway 30. Williams testified,
however, she stopped the vehicle because she dropped a
marijuana cigarette when she became angry Williams was
sending text messages to his new girlfriend. Thereafter, the
complaining witness exited the vehicle and attempted to call
911; however, she testified Williams stopped her from doing
some time, the complaining witness reentered the vehicle and
resumed driving Williams to Ames. At that point, a male
friend of the complaining witness called her phone, which
upset Williams. Williams then hit her in the face two or
three more times. Again, she tried calling 911, but Williams
apparently took her phone from her. At this point, the
complaining witness testified she again stopped the vehicle
to attempt to call 911 for a third time. She then testified
she hung up the phone because Williams told her he hid
marijuana in her car. Williams denied hitting the complaining
witness or stating that he hid drugs in her car but said she
hung up the phone because her car smelled of marijuana.
Iowa Department of Transportation had video from traffic
cameras showing a vehicle stopped in the middle of Highway 30
at approximately 1:12 a.m. Also, Ames police did receive a
"hang up" call from the complaining witness's
phone at 1:25 a.m. but had no ...