from the Iowa District Court for Monona County, Patrick H.
Pranschke appeals her convictions of first-degree harassment
and assault on a police officer, arguing her trial counsel
was ineffective and challenging the sufficiency of the
evidence to support her first-degree harassment conviction.
Priscilla E. Forsyth, Sioux City, for appellant.
J. Miller, Attorney General, and Sharon K. Hall, Assistant
Attorney General, for appellee.
by Vogel, P.J., and Doyle and McDonald, JJ.
Pranschke appeals her convictions of first-degree harassment
and assault on a police officer after she tussled with a
law-enforcement officer who entered her home without
knocking, without her consent, and without a search warrant.
She argues her trial counsel was ineffective in several
respects, including failing to appeal her conviction of
interference with official acts. She also challenges the
sufficiency of the evidence to support her
first-degree-harassment conviction. Upon our review, we
affirm her convictions.
Background Facts and Proceedings.
the trial evidence in the light most favorable to the
jury's guilty verdicts, State v. Romer,
832 N.W.2d 169, 172-73 (Iowa 2013), the jury could have found
the following facts. Terri Andersen is Patricia
Pranschke's adult daughter. In April 2015, a warrant was
issued for Andersen's arrest. The warrant related to a
traffic violation issued to Andersen for driving on a
October 25, 2015, Monona County Deputy Sheriff Robert Maule
was on duty and in full uniform. Driving in a marked Monona
County Sheriff's Office Tahoe, the deputy was out
searching for individuals that had outstanding arrest
warrants, including Andersen. Deputy Maule had a copy of
Andersen's photo from a previous booking so he could
identify her. The deputy was informed by dispatch that
Andersen "would be living or with her mom in Castana,
and that that would be the first place they would go
look" for Andersen. The deputy was given Pranschke's
address and drove to her home.
was pulling into Pranschke's driveway, Deputy Maule
observed Andersen standing in the driveway. When Andersen saw
the deputy, "she immediately started running toward the
house." The deputy parked, got out of his vehicle, and
yelled for Andersen to stop. Andersen did not; instead, she
went inside Pranschke's house, closing the door behind
her. Deputy Maule ran after Andersen and entered the house
without knocking or announcing himself.
ran into a bedroom, and the deputy attempted to follow
Andersen but was stopped by Pranschke. Pranschke
"immediately" told the deputy to "get the f**k
out of [her] house." The deputy "tried to explain
to her that [he] saw [Andersen] run inside and she had an
active warrant." Pranschke was standing in the middle of
the hallway, and when Deputy Maule "tried to go by, she
stopped [him] and then did a quick shove to [him]." The
deputy told Pranschke that "if she placed her hands on
[him] again she would be going to jail." The deputy
tried to move around Pranschke, but Pranschke hit his arm
down. Deputy Maule asked Pranschke to step aside, but she did
then called 9-1-1, seeking assistance with her demand that
the deputy leave her home. While on the phone, Deputy Maule
informed Pranschke he had a warrant to arrest Andersen, who
had just run into Pranschke's house. The 9-1-1 operator
also told Pranschke that Deputy Maule had an arrest warrant
for Andersen and that he would leave as soon as she produced
Andersen. The operator told Pranschke another officer was
coming to her home. The operator hung up on Pranschke
following Pranschke's use of vulgar language.
the deputy continued his attempts "to explain the
situation" to Pranschke "and why [he] was there. .
. . That [Andersen] had a warrant." Pranschke told
Deputy Maule, "Fine, I'm going to get my gun and
shoot you." The deputy took this as a threat. Pranschke
then "turned to the right and started walking toward the
bedroom, " and the deputy thought Pranschke was actually
"going to get a gun and shoot [him]." To stop
Pranschke, Deputy Maule "grabbed [Pranschke] by the . .
. arms when she was walking away from [him], just right above
the elbows." He told Pranschke "she was going to be
under arrest" and to "[p]ut her hands behind her
back." Pranschke "started flailing, throwing elbows
. . . back toward [him], " hitting him in the chest.
Deputy Maule pinned Pranschke up against her washing machine,
asked her to stop resisting, and handcuffed her. At that
point, Andersen "came [walking] out of the bedroom,
" and the deputy grabbed Andersen by the arm. Deputy
Maule let go of Pranschke to put handcuffs on Andersen while
Pranschke yelled at him. The deputy took both women outside.
Pranschke asked Deputy Maule why she was going to jail, and
he told her "it was reference to you can't threaten
to shoot me, " and Pranschke responded that she
"was joking about that." It was no joke to the
State Patrol Sergeant Michael Kober was dispatched to
Pranschke's residence to assist Deputy Maule. When
Sergeant Kober arrived, he saw the deputy on Pranschke's
patio with Pranschke and Andersen. Pranschke was "very
irate" and "very argumentative" towards Deputy
Maule. Sergeant Kober escorted Pranschke to his patrol car
and listened to Pranschke "scream that she wanted
charges filed on Deputy Maule for assault and that she wanted
him removed from the residence."
sergeant read Pranschke her Miranda rights and
transported Pranschke to the county jail. On the way,
Pranschke asked "what she was being arrested for, "
and Sergeant Kober told her he "wasn't sure, that
Deputy Maule was taking care of those charges." The
sergeant told Pranschke "Deputy Maule had said she said
that she should get a gun and shoot him. She said she did not
say that." Pranschke told Sergeant Kober that she told
the deputy she "could shoot [the deputy] if [she] wanted
to. [She has] a gun. [She has] a weapons permit. She
didn't say she should shoot him. She said she could shoot
him." Pranschke "then . . . made another statement
that she had a weapons permit and legally owned a gun."
same day, Deputy Maule filed three criminal complaints
against Pranschke, alleging she committed: (1) first-degree
harassment, an aggravated misdemeanor, in violation of Iowa
Code section 708.7(2) (2015); (2) assault on persons engaged
in certain occupations, a serious misdemeanor, in violation
of section 708.3A(4); and (3) interference with official
acts, a simple misdemeanor, in violation of section
719.1(1)(b). Because the latter alleged offense was a simple
misdemeanor and not an indictable offense, it was assigned a
separate case number, SMSM108130; the other two offenses were
assigned as counts one and two of AGCR016141. See
Iowa Code § 801.4(8) ("'Indictable offense'
means an offense other than a simple misdemeanor.");
Iowa R. Crim. P. 2.6(1) ("Two or more indictable public
offenses which arise from the same transaction or occurrence
. . . shall be alleged and prosecuted as separate counts in a
single complaint, information or indictment . . . .").
The parties agreed SMSM108130 would be tried to the court
contemporaneously with the jury trial in AGCR016141.
Maule and Sergeant Kober testified at Pranschke's July
2016 trial as set forth above. Pranschke also testified,
giving a different account of events. Pranschke testified she
had been babysitting her six-month-old great-grandson and had
just laid him down to sleep in her bedroom when she came out
of her room, "passed that opening that comes from the
door and [Deputy] Maule swung the door open and came in and
[she] stood there and [she] went whoa. And he stopped."
She testified that she did not even know Andersen was in her
house but admitted he told her that Andersen had just run
into her house. Contrary to Deputy Maule's testimony,
Pranschke testified that she asked him to show her a warrant,
and "he continually shook his head at [her]." She
denied pushing him or threatening him with a gun, though she
admitted she may have said, while talking to herself aloud,
that she had a gun permit. She testified the deputy
immediately asked her, "[D]id you say you were going to