Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilson v. State

Court of Appeals of Iowa

April 18, 2018

DANIEL WILSON, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.

         The 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.

          Thomas 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. [*]

          BLANE, Senior Judge.

         Applicant 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.

         I. Procedural Background.

         Wilson 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

         II. Factual Background.

         Wilson 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.[1]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 definition.

         At 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.[2] 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.

         Based 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.

         Wilson 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, noting:

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.

Id.

         III. Preservation of Error.

         In his trial brief, Wilson only argued the issues related to his trial counsel being ineffective. The trial court stated in its ruling:

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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.