from the Iowa District Court for Sioux County, Jeffrey L.
Baccam appeals his conviction of domestic abuse assault by
strangulation causing bodily injury.
R. Weber of Jared Weber, Attorney at Law, Orange City, for
J. Miller, Attorney General, and Thomas E. Bakke, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and
Baccam appeals his conviction of domestic abuse assault
causing bodily injury, second offense, in violation of Iowa
Code section 708.2A(3)(b) (2016). On appeal, Baccam argues
the district court should have granted his motion for a new
trial because the court improperly admitted evidence of prior
bad acts at his jury trial. Baccam argues the district court
also erred by allowing hearsay evidence to be admitted. As to
both of these arguments, Baccam relies on a record made
before the first witness testified. The objections Baccam
noted in this record were not renewed or ruled upon during
the presentation of evidence. Baccam also argues there is
insufficient evidence to support his conviction.
Background Facts and Proceedings.
Baccam and the complaining witness lived together, were in a
relationship, and had three children together. The
complaining witness was several months pregnant at the time
of the altercation on October 10, 2016. There are different
accounts of what happened that day. The following day the
complaining witness sought medical attention and told medical
personnel about the altercation. Medical personnel notified
law enforcement. Law enforcement officers interviewed the
complaining witness about the altercation.
was charged with domestic abuse assault on October 20, 2016.
Baccam pled not guilty. In January 2017 a jury convicted
Baccam of domestic abuse assault. The State filed a notice to
court in January 2017 acknowledging a State exhibit contained
information referring to prior physical abuse, in conflict
with the court's earlier ruling on a motion in limine.
Baccam filed a motion for a new trial in February 2017, and
the court overruled the motion after a hearing in March
Prior Bad Acts.
argues a medical report was improperly admitted because it
contained references to prior bad acts. The State argues this
issue is not preserved for our review.
to trial, Baccam filed a motion in limine, in part requesting
the court to exclude evidence of any prior convictions,
arrests, or allegations of wrongful acts of the defendant.
Baccam cited Iowa Rule of Evidence 5.404(b)(1):
"Prohibited use. Evidence of a crime, wrong, or other
act is not admissible to prove a person's character in
order to show that on a particular occasion the person acted
in accordance with the character."
district court granted Baccam's motion in limine in a
pretrial conference order, but ...