from the Iowa District Court for Black Hawk County, David P.
appeals his conviction for domestic abuse assault, third
C. Smith, State Appellate Defender, and Mary K. Conroy,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Kelli A. Huser, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
Wade appeals his conviction for domestic abuse assault, third
offense. We find the district court did not err by admitting
hearsay evidence. Also, Wade has not shown he received
ineffective assistance because defense counsel did not: (1)
object to the amended minutes of testimony; (2) request a
full colloquy when Wade admitted to previous convictions for
domestic abuse assault; or (3) object on hearsay grounds to
certain evidence. We affirm Wade's conviction for
domestic abuse assault, third or subsequent offense. We
reverse the assessment of court costs and remand this issue
to the district court.
Background Facts & Proceedings
evening of November 4, 2016, C.B. called Wade, her former
boyfriend, and asked him to have a drink with her. C.B.
picked Wade up at his home and drove with him to the Park
Road Inn, where they each had a few alcoholic beverages.
Later, C.B. drove Wade back to his home, where C.B. and Wade
got into an argument. C.B. testified Wade hit her and she did
not remember much after that, except she found herself in the
bathtub, got herself out, and she left Wade's home.
Kenneth Schaaf testified he was on patrol at about 1:30 a.m.
on November 5, when a car drove up behind him flashing its
lights and honking its horn. Officer Schaaf stopped to speak
to the driver, C.B., who was "crying hysterically."
He observed C.B. had bruising and fresh blood on the side of
her face. C.B. told Officer Schaaf she had been assaulted by
Wade. After speaking to Officer Schaaf, C.B. went to her
cousin's home. Robin Fankhauser testified C.B. was
"[c]rying, screaming, yelling, freaking out." She
stated C.B. had a black eye, some bleeding, and a piercing
had been pulled out.
later on November 5, at 11:25 p.m., C.B. went to the hospital
with a severe headache. C.B. told Elizabeth Batterson, a
nurse practitioner, she "had a very spotty memory of
what had happened." She told Batterson she was scared.
Batterson diagnosed C.B. with a concussion. She also observed
bruising and a small laceration. Batterson stated C.B.'s
injuries were "consistent with some sort of traumatic
assault or altercation." Officer Randy Girsch observed
C.B.'s injuries at the hospital and had photographs
Wade denied seeing C.B. on the night in question. He stated
he spent the night with Kasandra Baldwin. When officers
questioned Baldwin, however, she stated Wade called her at
about 1:45 a.m. on November 5 and asked her to pick him up at
his home, which she did. Wade then told officers he had been
at the Park Road Inn with C.B. but did not mention she had
been at his house. He later testified C.B. came to his home
after they left the bar and she assaulted him. Wade stated
C.B. did not have any injuries when she left his home.
was charged with Count I, domestic abuse assault, third or
subsequent offense, and Count II, domestic abuse assault
causing bodily injury.After the State presented its case, it
moved to amend Count I to domestic abuse assault causing
bodily injury, third or subsequent offense, and to dismiss
Count II. When asked if the defense had any objections,
defense counsel stated, "Not at all, Your Honor."
The court granted the request to amend the trial information.
A jury found Wade guilty of domestic abuse assault causing
stated he wanted a jury trial on the issue of whether he had
previous convictions for domestic abuse assault. He then
changed his mind and admitted to the prior offenses. The
court questioned Wade as to whether he was making the
admission voluntarily. Wade admitted he had been convicted of
domestic abuse assault in 2008 and 2011. The court determined
Wade was guilty of domestic abuse assault, third or
subsequent offense, in violation of Iowa Code section
708.2A(4) (2016), a class "D" felony.
court denied Wade's motions in arrest of judgment and for
new trial. Wade was sentenced to a term of imprisonment not
to exceed five years. He now appeals.