from the Iowa District Court for Black Hawk County, Kellyann
M. Lekar, Judge.
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
C. Smith, State Appellate Defender, and Bradley M. Bender,
Assistant Appellate Defender, for appellant.
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.
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
Sufficiency of the Evidence
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).
jury was instructed the State would have to prove the
following elements of domestic abuse assault causing bodily
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
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.
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
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."
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 ...