from the Iowa District Court for Black Hawk County, James D.
Coil, District Associate Judge.
Todd Jr. appeals his conviction for domestic abuse assault,
second or subsequence offense. AFFIRMED.
L. Freking of Judy L. Freking, P.C., Le Mars, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Mullins, P.J., Bower, J., and Goodhue, S.J.
GOODHUE, Senior Judge.
Todd Jr. appeals from the trial court's refusal to grant
his request to have his plea of guilty to a second offense of
domestic abuse assault set aside and to modify the no-contact
order entered with the sentence.
Facts and Proceedings
signed a plea of guilty on December 21, 2015, to a charge of
second offense domestic abuse assault alleged to have been
committed against his wife, Lola, on March 7, 2015.
time the criminal charge was filed, an order was entered
restricting Todd from any and all type of contact with his
wife. Several attempts were made by Todd and Lola to have the
no-contact order cancelled or amended. Although modifications
were granted to permit exceptions for various reasons, such
as attendance at a funeral, the basic no-contact order
remained in place.
written plea agreement was signed by Todd on December 21,
2015. Judgment and sentence was entered pursuant to the plea
of guilty on December 22, 2015. The sentence extended the
no-contact order for another five years. The plea agreement
specifically stated the sentence was to include a "no
contact order extended for five years." Todd asserts
that he was not aware that the five-year no-contact order was
a part of the plea agreement, and on December 30, he filed a
motion to withdraw the plea of guilty. On January 3, 2016,
his motion was denied.
written plea agreement also expressly set out Todd's
right to file a motion in arrest of judgment and that a
failure to file such a motion at least five days before
sentencing was a waiver of the right to challenge the plea.
The plea agreement further stated that Todd waived his right
to file a motion in arrest of judgment and requested that he
be sentenced immediately on acceptance of the plea agreement.
December 22, immediately after the sentencing order was
signed, Lola filed an application to modify the no-contact
order, asserting that she was not in fear of further assault
or injury from Todd and that she wanted to be able to visit
him and talk to him on the telephone. On December 29, the
no-contact order was modified to allow telephone or written
contact between the parties while Todd was in prison.
January 6, 2016, Todd filed a pro se application requesting
the no-contact order be eliminated from the sentencing order.
He basically expressed his belief that the plea agreement
that he had signed on December 21 did not include the
extension of the no-contact order as entered and that ...