from the Iowa District Court for Des Moines County, John M.
appeals his conviction and sentence for domestic abuse
assault by strangulation causing bodily injury, pursuant to
Iowa Code section 708.2A(5) (2016).
C. Smith, State Appellate Defender, and Melinda J. Nye,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, Kevin R. Cmelik, Assistant
Attorney General, and Richard J. Bennett Sr. (until
withdrawal), Special Counsel, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
A. Kimbrough appeals his conviction and sentence for domestic
abuse assault by strangulation causing bodily injury,
pursuant to Iowa Code section 708.2A(5) (2016). He claims the
district court considered improper factors, including the
danger Kimbrough poses to his children and a juvenile
conviction. Because the record does not support
Kimbrough's claims, we affirm.
Background Facts and Proceedings.
January 21, 2016, Joseph A. Kimbrough was charged by trial
information with the crime of domestic abuse assault, a class
"D" felony. The charge was based on Kimbrough's
assault of his wife, Stephanie Kimbrough.
trial, Stephanie testified about the attack. She was with
Kimbrough at his mother's house when a discussion
"escalated" and "tempers flared." She
stated Kimbrough became unstable, hit her multiple times, and
put his hands around her neck making it difficult to breath.
She said she was afraid for her life.
Paula DeJesus, treating emergency-room physician, testified
about her treatment of Stephanie. She stated, "As soon
as you walk in the room, it's quite evident that she has
multiple contusions about her face. Her eyes are markedly
swollen to the point that she cannot open them by herself.
She has abrasions about her face, on her hands. She is very
badly injured." She also opined that Stephanie "had
a very severe strangulation" based on the linear
bruising, swelling, and tissue damage around the neck, which
typically affects the blood flow and breathing of the victim.
State introduced photographs of the injuries depicting
Stephanie's eyes swollen shut, a large bruise on her
neck, a broken nose, and various cuts and bruises on her
body. Another photograph showed blood at the scene of the
attack. After trial, a jury convicted Kimbrough of domestic
abuse assault by strangulation causing bodily injury.
the sentencing proceedings, Kimbrough and the State were
given opportunities to correct the presentence investigation
report. Both parties accepted the findings of the report, and
the court made the following statement:
Well, Mr. Kimbrough, the court has considered all the
sentencing provisions provided for in the Iowa Code. The
following sentence is based upon my judgment of what will
provide the maximum opportunity for your rehabilitation and
at the same time protect the community from further offenses
by you and others. Specifically, I've considered the
following factors. I consider the entire Presentence
Investigation Report because you do not challenge any portion
thereof. I consider your age of 40. You are not a youthful
offender. I consider your prior record of convictions which,
as an adult, includes a ...