from the Iowa District Court for Black Hawk County, James D.
Coil, District Associate Judge.
Bauer appeals following convictions and sentences entered on
four charges. AFFIRMED.
B. Brock II of the Law Office of Robert B. Brock II, P.C., Le
Mars, for appellant.
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee State.
Considered by Bower, P.J., McDonald, J., and Mahan, S.J.
a bench trial on the minutes in these consolidated cases,
Corey Bauer was found guilty of assault causing bodily
injury, in violation of Iowa Code section 708.2(2) (2014);
possession of marijuana, in violation of section 124.401(5);
domestic abuse assault by strangulation, in violation of
section 708.2A(2)(d); and domestic abuse assault causing
injury, in violation of section 708.2A(2)(b). The district
court made findings of fact that Bauer assaulted his
mother-in-law causing bodily injury on July 5, 2014;
possessed marijuana on July 9; and on July 8, caused bruises
to his former wife's elbow and wrist and also strangled
her to the point she was not able to breathe for a time.
December 15, the district court held a sentencing hearing on
three cases against Bauer. The court sentenced Bauer to two
180-day jail terms with all but fourteen days suspended in
case SRCR199535 (the assault causing bodily injury and
possession charges). In case AGCR199536 (the domestic
charges), the court sentenced him to two 365-day jail terms
with all but ten days suspended. The sentences in both cases
were to run concurrently to the sentence in a third case (not
before us), SRCR197089, in which Bauer had pled guilty to
possession of marijuana. The court continued a no-contact
order between Bauer and the victims of the assaults but
modified the order to permit Bauer to have contact with his
child while supervised.
appeal, Bauer raises several issues that would be relevant
had he pled guilty,  but because he was found guilty after a
trial to the court, we do not address them. Bauer also
asserts the district court did not allow him to address the
court prior to sentencing, which is belied by the
record. Several other issues are mentioned in
passing, which present nothing for this court to review.
See State v. Louwrens, 792 N.W.2d 649, 650 n.1 (Iowa
2010) ("[P]assing reference to an issue, unsupported by
authority or argument, is insufficient to raise the issue on
challenges the court assessing to him the cost of the
court-appointed attorney's fees ($315 for appointed
counsel on the serious misdemeanor and $615 on the aggravated
misdemeanor). As we read the brief, Bauer asserts because the
district court failed to make a specific finding that
Bauer's income was at or below 125% of the poverty level,
the court could not assess the costs of the attorney to him.
submitted a "financial affidavit/application for
appointment of counsel, " stating he was unemployed and
claiming no income or assets. The court found Bauer indigent
and appointed counsel. Bauer is twenty-three years old, and
nothing in this record establishes he is incapable of
working. The record also reflects the availability of a
payment plan, allowing Bauer the ability to make small
payments rather than a large lump sum. See Iowa Code
§ 815.9(3) ("If a person is granted an appointed
attorney, the person shall be required to reimburse the state
for the total cost of legal assistance provided to the person
pursuant to this section."). We find no abuse of the
court's discretion in this regard.
further contends the court erroneously ordered him to pay
costs of a dismissed charge, a simple misdemeanor. Bauer has
not sought discretionary review in this matter and has no
appeal of right. See id. § 814.6(1)(a). In any
event, Bauer agreed to pay the costs in exchange for the
dismissal of the charge. We note the following colloquy:
PROSECUTOR: It's my understanding that Mr. Abbott
[defense counsel] and I are going to stipulate that the
substance was, in fact, marijuana. There was also a companion
simple misdemeanor charge, Your Honor, for possession of drug
paraphernalia, and the ...