from the Iowa District Court for Des Moines County, Mary Ann
applicant appeals the district court's denial of his
postconviction-relief application as to his criminal
convictions and sentences for three counts of assault by an
inmate, bodily fluids or secretions, and two counts of
assault on a jailer. AFFIRMED.
William R. Monroe of Law Office of William Monroe,
Burlington, for appellant.
J. Miller, Attorney General, and Sheryl A. Soich, Assistant
Attorney General, for appellee State.
Considered by Tabor, P.J., McDonald, J., and Blane, S.J.
Daniel Wilson contends his criminal convictions cannot stand
because the State admitted in its answer to the
postconviction-relief (PCR) application, despite the evidence
at the criminal trial, that the substance Wilson threw at
jailers was vomit and not urine, which does not meet the
elements of the crimes of which he was convicted. He also
asserts that his trial counsel and potentially PCR counsel
were ineffective and that his sentences were unconstitutional
as cruel and unusual punishment. Based upon our review, we
find Wilson's claims fail and affirm.
filed a pro se PCR application on September 21, 2015. His
sole complaint and request for relief was to be resentenced
so that all counts would run concurrently, as the crimes he
was convicted of arose out of one act on his part. On
September 22, the State filed its answer, where it stated:
"The Respondent admits that the Applicant threw vomit on
5 Corrections Officers. "Wilson's attorney filed an
amended PCR application on November 20. The amended
application included generic claims that the sentences
constituted cruel and unusual punishment, there were material
facts not previously heard that required vacation of the
sentence, and the conviction or sentence was otherwise
subject to collateral attack. Attached to the amended
application was Wilson's affidavit that contained
assertions his trial counsel was ineffective. The State did
not file an answer to the amended application. The matter was
deemed submitted to the district court on October 17, 2016,
on depositions of Wilson and his criminal trial attorney,
exhibits, as well as the underlying criminal file. On
December 9, the district court filed its ruling, denying
Wilson's PCR application
was serving a misdemeanor sentence in the Des Moines County
Jail on April 12, 2011. On that date, he threw a substance at
a group of jailers that he admits he had stored in a milk
carton in his jail cell. The charges against him alleged that
the substance was urine. Each count alleged assault by an
inmate, bodily fluids or secretions, as to each of the five
jailers.During his criminal trial, Wilson claimed
that the substance he threw at the jailers was vomit, not
urine, which would not fall within the crime's
trial, the State presented evidence that the substance Wilson
threw was urine. Officer Quick testified the substance that
Wilson threw splashed on her, and it was watery and smelled
like urine. Sergeant Levinson testified that as he opened the
food hatch, Wilson threw liquid from containers he was
holding and the liquid had a strong odor of urine and
"something else that smelled horrible." Sergeant
Levinson testified that he had moved to his right to avoid a
"direct hit" before Wilson threw the urine, but
both of his forearms were splattered with the liquid. Officer
Parker testified that the liquid had a strong odor of urine
and added that another substance that remained in a container
resembled feces. Officer Parker was not touched by the
liquid. Officer Severs testified the liquid was
"water looking" and "urine probably, "
but did not recall its odor. Officer Schneder testified the
substance was yellow and smelled like urine and it landed on
her right arm, her pant leg, and on her boots. Officer Smith
testified Wilson threw "liquid feces" at the
officers, which he described as a "liquid, kind of
creamy-colored" with a definite smell of urine.
upon its verdicts, the jury found the substance Wilson threw
at the jailers was urine and not vomit as he contended. The
jury convicted Wilson of: count I: assault on a jailer; count
II: assault by an inmate, bodily fluids or secretions; count
III: assault on a jailer; count IV: assault by an inmate,
bodily fluids or secretions; and count V: assault by an
inmate, bodily fluids or secretions. Counts I and III were
lesser-included offenses constituting serious misdemeanors.
Counts II, IV, and V were class "D" felonies.
Wilson was sentenced on November 21, 2011, to a term of
incarceration of five years on each of the three class
"D" felonies, and one year of incarceration on each
of the two serious misdemeanors, all to be served
consecutively, for a total of seventeen years.
appealed his convictions and this court affirmed. State
v. Wilson, No. 11-2014, 2013 WL 988921, at *3
(Iowa Ct. App. Mar. 13, 2013). We determined that the jury
received sufficient evidence to support the convictions,
At trial, the jury heard officers' testimony, testimony
from Wilson, and watched a video of the incident. The jury
found Wilson guilty of three counts of "D" felony
assault by an inmate (bodily fluids or secretions), and two
counts of the lesser-included offense of assault on a jailer,
apparently agreeing with Wilson that not all of the officers
were hit by the bodily fluids. The jury received sufficient
evidence to support Wilson's convictions.
Preservation of Error.
trial brief, Wilson only argued the issues related to his
trial counsel being ineffective. The trial court stated in
The Applicant's brief filed as the final argument in this
action was a recitation of the various ways in which the
Applicant asserts trial counsel was ineffective. No other
challenges to the Applicant's ...