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State v. Basquin

Court of Appeals of Iowa

April 18, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
TIMOTHY MICHAEL BASQUIN, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.

         Timothy Basquin appeals his conviction for domestic abuse assault causing bodily injury. JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND REMANDED FOR ENTRY OF A CORRECTED SENTENCE.

          Mark C. Smith, State Appellate Defender, and Bradley M. Bender, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Sheryl A. Soich, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., Bower, J., and Blane, S.J. [*]

          VAITHESWARAN, Presiding Judge.

         A jury found Timothy Basquin guilty of domestic abuse assault causing bodily injury. This court reversed the judgment and remanded for a new trial. See State v. Basquin, No. 15-0037, 2016 WL 1679157, at *2-3 (Iowa Ct. App. Apr. 27, 2016). A jury again found Basquin guilty. On appeal, Basquin (1) challenges the sufficiency of the evidence supporting the jury's finding of guilt, (2) contends his trial attorney was ineffective in failing to object to the district court's inclusion of a jury instruction on general intent, (3) argues his trial attorney should have objected to what he contends was impermissible testimony vouching for the assaulted woman's credibility, (4) contends the district court erred in admitting hearsay testimony, (5) argues counsel was ineffective in failing to move for a new trial based on the weight of the evidence, and (6) argues the district court erred in imposing a domestic abuse assault surcharge.

         I. Sufficiency of the Evidence

         Basquin challenges the sufficiency of the evidence supporting the jury's finding of guilt. "A jury verdict finding of guilt will not be disturbed if there is substantial evidence to support the finding." State v. Robinson, 859 N.W.2d 464, 467 (Iowa 2015).

         The jury was instructed the State would have to prove the following elements of domestic abuse assault causing bodily injury:

1. On or about the 12th day of May, 2014, Timothy Basquin did an act which was intended to cause pain or injury to [a woman].
2. Timothy Basquin had the apparent ability to do the act.
3.Timothy Basquin's act caused a bodily injury to [the woman] as defined in Instruction No.19.
4. The act occurred between persons who were family or household members who resided together within the year prior to May 12th, 2014.

         Basquin contests the third and fourth elements. He argues, "[T]he State failed to prove [he] assaulted" the woman and the State "failed to prove a domestic relationship." On retrial, a jury could have found the following facts.[1]

         After the woman sustained injuries, she left for the sheriffs office. En route, she responded to a text from Basquin by stating, "I have done nothing to deserve being choked, knocked, and physically thrown out the door."

         The woman gave the sheriff a voluntary written statement. She said Basquin grabbed her by her neck, squeezed with both hands, and shook her neck so tightly that she began choking and gasping for breath. Basquin threw her out the door, causing her to fall on the porch, and kicked her ...


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