from the Iowa District Court for Black Hawk County, Joseph M.
Moothart, District Associate Judge.
defendant appeals his conviction for assault causing bodily
C. Smith, State Appellate Defender, and Brenda J. Gohr,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Kevin Cmelik, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.
Clark Sr. appeals his conviction for assault causing bodily
injury, in violation of Iowa Code sections 708.1 and 708.2(2)
(2016). Clark claims the evidence was insufficient to convict
him, as the victim's name was incorrect. In the
alternative, Clark claims trial counsel was ineffective. We
find Clark did not preserve error on his claim of
insufficient evidence. We also find trial counsel was
effective. We affirm the district court.
Background Facts and Proceedings
October 1, 2016, John Taylor and Tina Ackerson witnessed
Clark "beating on a girl." Taylor saw Clark hitting
the woman in the head and chest, pinning her against a garage
door, throwing her to the ground, and continuing to strike
her. Taylor called the police. An officer from the Waterloo
Police Department arrived approximately six minutes after
dispatch received the call.
officer witnessed Clark on top of the woman, holding her on
the ground. The officer ordered Clark to stand up and back
away; he complied. The woman identified herself as Latanya
Pipes. She had a bruise over her right eye and was covered in
dirt and debris. Clark was arrested.
trial Clark testified he did not know anyone named Latanya
Pipes. He also testified he knew the woman as
"Pookie" and she was staying with him. At various
times during the investigation and trial, Clark said he had
known the woman for his whole life and they "called
themselves cousins, " or that they had met through his
cousin and he had only known her a few months. Clark admitted
he was arguing with the woman, though in his version of
events she was the initial aggressor.
jury instructions stated:
1. On or about October 1, 2016, the defendant did an act
which was intended to cause pain or injury to Latanya Pipes,
OR resulted in physical contact which was insulting or
offensive to Latanya Pipes, OR place Latanya Pipes in fear of
immediate physical contact which ...