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State v. Todd

Court of Appeals of Iowa

March 8, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
HUBERT TODD JR., Defendant-Appellant.

         Appeal from the Iowa District Court for Black Hawk County, James D. Coil, District Associate Judge.

         Hubert Todd Jr. appeals his conviction for domestic abuse assault, second or subsequence offense. AFFIRMED.

          Judy L. Freking of Judy L. Freking, P.C., Le Mars, for appellant.

          Thomas 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.

         Hubert 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.

         I. Facts and Proceedings

         Todd 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.

         At the 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.

         A 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.

         The 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.

         On 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.

         On 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 ...


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