from the Iowa District Court for Wright County, Paul B.
Ahlers, District Associate Judge.
appeals his convictions for first-degree harassment, assault
causing bodily injury, and trespass causing injury.
R. Frese, Marshalltown, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.
James Burt appeals his convictions for first-degree
harassment, in violation of Iowa Code sections 708.7(1)(b)
and 708.7(2) (2015), assault causing bodily injury, in
violation of Iowa Code sections 708.1(2) and 708.2(2), and
trespass causing injury, in violation of Iowa Code sections
716.7(2)(a)(2) and 716.8(2). We find the evidence is
sufficient to uphold his convictions and trial counsel was
not ineffective. We affirm the district court.
Background Facts and Proceedings
McLaughlin is Burt's sister and the executor of their
mother's estate. The mother divided her assets between
Burt and Terry but placed Burt's portion in trust,
administered by Terry. Property located at 2236 Thompson
Avenue was part of the mother's estate; the estate
property is immediately across the street from Burt's
property. Terry and Burt do not get along and have a history
December 2015, Terry asked Burt to remove all of his
possessions from the estate property. In April 2016, Burt was
served with a notice of no trespass. Terry traveled to the
estate property to inspect it, but Burt was already there.
Terry returned on June 3 to find "the doorknobs were
removed off the doors" and the windows boarded up. While
Terry and her husband, Scott, discussed how to enter the
property to inspect it, Burt drove "very, very
fast" up the driveway, drove his car onto the lawn,
jumped out of the car, and began to yell at the McLaughlins.
took pictures with her telephone. Burt continued to yell,
kicked Terry to the ground, and said he would kill them and
burn down Scott's parent's home if they ever came
back to the property. Terry was shaken and believed
Burt's threats. They left the property and called law
arrived and photographed Terry's leg. Her pants had a
boot print similar to Burt's boots, and she also had a
large bruise. Sheriff's deputies went to the estate
property to investigate. The lawn showed tire marks
consistent with Terry's statement. The deputies went to
Burt's home to question him. Burt said he had arrived at
the property and had been hit in the head with a circular
saw. Photographs taken by Terry show Scott holding a circular
saw while confronting Burt. Burt also told the deputies Scott
had kicked him while he was on the ground. Burt had not
resisted because Terry was taking pictures, and Burt assumed
the McLaughlins were trying to set him up. The deputies
examined Burt and found no injuries on his head or face, and
they found no evidence Burt had been kicked while on the
found Burt guilty of all four counts. He was sentenced to
four concurrent terms of imprisonment of 365 days. All but
sixty days of the sentence were suspended and Burt was given
credit for time served. Burt was also placed on probation for
a period of two years. The district court imposed fines
totaling $1880 along with surcharges. Burt now appeals.