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State v. Wade

Court of Appeals of Iowa

May 17, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
DARIUS LEJAUN WADE, Defendant-Appellant.

         Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.

         Defendant appeals his conviction for domestic abuse assault, third offense.

          Mark C. Smith, State Appellate Defender, and Mary K. Conroy, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Kelli A. Huser, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Potterfield and Bower, JJ.

          BOWER, JUDGE.

         Darius 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.

         I. Background Facts & Proceedings

         On the 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.

         Officer 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.[1] 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.

         Much 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 taken.

         Initially, 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.

         Wade was charged with Count I, domestic abuse assault, third or subsequent offense, and Count II, domestic abuse assault causing bodily injury.[2]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 bodily injury.

         Wade 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.

         The 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.

         II. ...


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