from the Iowa District Court for Poweshiek County, Annette J.
defendant challenges his convictions and sentences for
assault with intent to inflict serious injury and criminal
mischief in the second degree as a habitual offender.
D. Tindal of Keegan Farnsworth & Tindal, Iowa City, for
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., Tabor, J., and Carr, S.J. [*]
Runner appeals his convictions and sentences for assault with
intent to inflict serious injury and criminal mischief in the
second degree as a habitual offender. On appeal, he argues
the trial court failed to state sufficient reasons for his
sentence, insufficient evidence was presented as to the
valuation of the victim's vehicle, his trial counsel was
ineffective for failing to object to a jury instruction about
valuation and for failing to present evidence at trial on
valuation, and the trial court erred in ordering restitution
concerning the vehicle.
Background Facts and Proceedings
and Michele McCurry were living together as a couple until
separating in August 2014. When they separated, there was a
no-contact order in place between them. Nonetheless, the two
did meet in person on September 23.
happened at that meeting is a matter of dispute. Credible
evidence suggests that an argument turned physical. McCurry
admitted to hitting Runner's vehicle with her vehicle.
Runner also admitted to hitting McCurry's vehicle with
his vehicle. He admitted to pushing her down. Both parties
agreed Runner hit or bumped McCurry's driver's side
was charged with attempted murder, in violation of Iowa Code
section 707.11 (2013), and domestic abuse assault by impeding
airway causing bodily injury, in violation of section
708.2A(1) and 708.2A(5). Runner pled not guilty.
trial, Caleb Schaffner, the owner of an auto repair center,
testified on valuation of McCurry's vehicle. Schaffner
estimated the cost to repair her vehicle was approximately
$3000. He testified he found vehicles of the same make and
model online for "anywhere between $1800 and $2400
depending on the condition and mileage."
amendment of the trial information in advance of trial, four
charges were submitted to the jury: attempted murder (count
I), domestic abuse assault by strangulation (count II),
domestic abuse assault while using a dangerous weapon (count
III), and criminal mischief in the second degree (count IV).
The jury found Runner guilty of the lesser included offense
of assault with intent to inflict serious injury (count I),
domestic abuse assault (count III), and criminal mischief in
the second degree (count IV). The jury found Runner not
guilty of domestic abuse assault by strangulation (count II).
McCurry later submitted a statement claiming pecuniary damage
trial, Runner filed a motion for new trial and motion in
arrest of judgment. His motion in arrest of judgment was
granted in part after the district court found his right to
speedy trial was violated as to count III. That conviction
was vacated. Runner was sentenced to consecutive prison terms
of two years (count I) and fifteen years (count IV). He was
ordered to pay restitution in the amount of $1500.