from the Iowa District Court for Plymouth County, Steven J.
Bender appeals his conviction of domestic abuse assault,
third or subsequent offense, as an habitual offender.
Zachary S. Hindman of Mayne, Arneson, Hindman, Hisey &
Daane, Sioux City, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.
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.
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).
district court set forth the elements of the crime as
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, ...