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State v. Bender

Court of Appeals of Iowa

April 4, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
NOEL JERMAINE BENDER, Defendant-Appellant.

          Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.

         Noel Bender appeals his conviction of domestic abuse assault, third or subsequent offense, as an habitual offender. AFFIRMED.

          Zachary S. Hindman of Mayne, Arneson, Hindman, Hisey & Daane, Sioux City, for appellant.

          Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.

          VAITHESWARAN, Judge.

         The State charged Noel Bender with domestic abuse assault, third or subsequent offense, as an habitual offender. See Iowa Code §§ 708.2A(1), 708.2A(4), 902.8, 902.9 (2015). A jury found him guilty, but this court reversed his judgment and sentence and remanded for a new trial. See State v. Bender, No. 15-1595, 2016 WL 6396227, at *3 (Iowa Ct. App. Oct. 26, 2016). On remand, Bender waived his right to a jury trial. Following a bench trial, the district court found Bender guilty and imposed judgment and sentence.

         On appeal, Bender challenges the sufficiency of the evidence supporting the district court's finding of guilt. Our review of the district court's fact findings is for substantial evidence. State v. Abbas, 561 N.W.2d 72, 74 (Iowa 1997).

         The district court set forth the elements of the crime as follows:

1. On or about April 28, 2015, in Plymouth County, Iowa, [Bender] did an act which was intended to:
a. Cause pain or injury to [the woman];
b. Result in physical contact which would be insulting or offensive to [the woman];
c. Place [the woman] in fear of immediate physical contact which would have been painful, injurious, insulting, ...

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