from the Iowa District Court for Boone County, Paul G.
Crawford, District Associate Judge.
Janes appeals from the judgment and sentence entered upon his
conviction for child endangerment. AFFIRMED.
C. Smith, State Appellate Defender, and Melinda J. Nye,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee.
Considered by Vaitheswaran, P.J., Potterfield, J., and Mahan,
Janes appeals from the judgment and sentence imposed upon his
conviction for child endangerment, in violation of Iowa Code
section 726.6(1)(a) (2016). He contends there is insufficient
evidence that he acted with knowledge that he was creating a
substantial risk to the child's health or safety. Janes
also asserts the court abused its discretion in denying his
motion for mistrial due to prosecutorial misconduct, his
trial counsel was ineffective, and the court abused its
discretion in considering improper factors in sentencing him.
Finding no error or abuse of discretion, we affirm.
was providing care for his girlfriend's two-year-old
child from about 4:00 p.m. on March 15 to approximately 2:45
a.m. on March 16, 2016, in the apartment in which Janes
resided with the child and the child's mother. During the
time he was caring for the child, Janes was visited by five
people, two of whom he did not know. The child was in the
living room of the apartment while Janes and the others
smoked methamphetamine throughout the night in another room.
The mother of the child returned home about 2:45 a.m., spoke
with Janes for about an hour, and then fell asleep.
March 16, the mother and Janes discovered the child had
injuries to his head, ears, and shoulder that were not
present the day before. The mother took the child to the
emergency room (E.R.) later that afternoon. Medical personnel
documented severe bruising to both the child's ears,
bruising on the child's left temple and cheek, bruising
on the child's left shoulder, an abrasion on the back of
the child's head, and "defensive" bruising on
the outer edge of the child's palms. In addition to these
"newer" bruises,  E.R. personnel noted a
"yellowish" bruise on the child's right thigh.
March 18 statement to Detective John Mayse, Janes
acknowledged he was at home with the child during the evening
of March 15, he and the child's mother had smoked
methamphetamine together before the mother left that
afternoon, and "he was irritated that [the mother]
hadn't come home." Janes told Detective Mayse that
he had some friends come over about 8:00 p.m. and they
brought a couple other people with whom Janes was not
familiar. Janes stated he left the child in the living room,
and he and the friends went into the bedroom where they
smoked methamphetamine. Janes told the police officer he
would watch the child "by opening the door and seeing
what [the child] was doing. And when they were smoking, he
would then shut the door to the bedroom." Janes told the
officer "he had no idea how [the child] got the
injuries. He didn't hear [the child] fall. He said he did
not hear [the child] cry."
Mayse testified Janes stated all the adults smoked
methamphetamine and "everybody took at least ten hits
from a pipe." Detective Mayse explained he asked Janes
about the drug use because "meth affects the body
severely." He continued,
Meth ramps up your adrenaline system. Basically raises your
heart rate. You can go through really severe mood swings
from-I mean, to really sad, just crying, to severe anger, to
severe anxiety, to severe paranoia, to the point where you
start seeing things, hearing things that aren't there.
But the mood swings can be really severe. It can change
really quickly from an emotion, crying hysterically, to
severe anger to where-out-of-control anger. So, yes, I mean,
to the extreme that, you know, meth can keep-basically keeps
you awake. Not care. You can become very annoying [sic] of
what's going on in your surroundings.
Janes was found guilty of child endangerment following a jury
trial. He now appeals.
Scope and Standards of Review.
review claims of sufficiency of the evidence for errors of
law. State v. Howse, 875 N.W.2d 684, 688 (Iowa
2016). Our review of claims of ineffective assistance of
counsel, as with all constitutional issues, is de novo.
See State v. Ortiz, ___ N.W.2d___, ___, 2017 WL
6391646, at *3 (Iowa 2017).
claims of sentencing error, our review is for correction of
errors at law. State v. Formaro, 638 N.W.2d 720, 724
(Iowa 2002). "We will not reverse the decision of the
district court absent an abuse of discretion or some defect
in the sentencing procedure." Id. "When
assessing a district court's decision for abuse of
discretion, we only reverse if the district court's
decision rested on grounds or reasoning that were clearly
untenable or clearly unreasonable." State v.
Plain, 898 N.W.2d 801, 811 (Iowa 2017).
Sufficiency of evidence.
jury was instructed that in order to convict Janes of child
endangerment, the State was required to prove beyond a
reasonable doubt that:
about March 15 or 16, 2016, [Janes] was either:
(a) a member of the household in which the child B.C.