from the Iowa District Court for Polk County, Karen A.
appeals from his convictions for third-degree sexual abuse
and false imprisonment. AFFIRMED.
C. Smith, State Appellate Defender, and Bradley M. Bender,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Aaron J. Rogers, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., Bower, J., and Scott, S.J.
Bonilla appeals from his convictions for third-degree sexual
abuse and false imprisonment, contending his trial counsel
was ineffective in failing to specifically assert in his
motion for judgment of acquittal the insufficiency of the
evidence supporting the false-imprisonment
charge. Bonilla also asserts the district court
erred in determining the weight of the evidence supports the
jury's verdict on the false-imprisonment conviction.
Finally, Bonilla contends the district court erred in
ordering him to pay restitution for court costs and
court-appointed-attorney fees. Because we conclude there was
sufficient evidence to support the false-imprisonment charge,
Bonilla's counsel was not ineffective in failing to make
a more specific argument in the motion for judgment of
acquittal. Also, we conclude the jury verdict was not against
the weight of the evidence and the district court considered
Bonilla's ability to pay in ordering restitution.
Accordingly, we affirm Bonilla's convictions and
Background Facts and Proceedings
the evidence presented at trial, the jury could have found
the following facts. Bonilla and his former girlfriend, M.F.,
had one young child together but were not living together. On
the evening of October 10, 2016, Bonilla messaged M.F. and
asked if he could take their child to a restaurant. M.F.
agreed and drove herself, Bonilla, and their son to the
restaurant, but they left soon as it was near closing time.
After getting food at a fast-food restaurant, they went to
Bonilla's parents' home, where Bonilla had a room
upstairs. The child watched cartoons and eventually fell
asleep on the bed.
then asked M.F. to lie down on the bed with him. M.F. told
him she was not interested, and she attempted to gather her
son and leave the room. Bonilla prevented her from leaving,
pushed her down, and attempted to hug and kiss her. M.F.
still refused and tried to push Bonilla away. Bonilla grabbed
M.F., forcefully removed her pants and underwear, and
penetrated her vaginally while recording the encounter with
his cell phone.
was eventually able to get away from Bonilla and make it to
the top of the stairs. M.F. found a knife and prepared to use
it to defend herself; however, Bonilla grabbed a glass cup,
and, according to M.F.'s testimony, he threatened to
"to cut this glass and . . . slit [M.F.'s] throat
with the glass." Although she had fled from the room
once, M.F. did not want to leave her son alone with Bonilla.
Bonilla then forced M.F. back into the room where he
continued to perform sex acts on her. He recorded the acts on
his cell phone while M.F. repeated her pleas to stop. During
the acts, Bonilla held the glass cup in his hand. Once the
encounter ended, M.F. called the police from a downstairs
bathroom. When the police arrived, they collected M.F.'s
son and detained Bonilla.
State charged Bonilla with third-degree sexual abuse and
false imprisonment on November 21, 2016. Both charges were
tried before a jury. Bonilla was found guilty, and he was
sentenced to indeterminate prison terms of ten years on the
sexual-abuse conviction and one year on the
false-imprisonment conviction, the sentences to be served
consecutively. The district court also imposed a special
sentence pursuant to Iowa Code section 903B.1 (2016) and
required Bonilla to register as a sex offender pursuant to
Iowa Code chapter 692A. The fines were suspended but Bonilla
was ordered to pay restitution in the form of
court-appointed-attorney fees as well as court costs. Bonilla
Standard of Review
review claims of ineffective assistance of counsel de novo.
State v. Thorndike, 860 N.W.2d 316, 319 (Iowa 2015).
We review sufficiency-of-the-evidence claims for errors of
law. State v. Begey, 672 N.W.2d 747, 749 (Iowa
2003). When a district court rules on a motion for new trial
based on whether the verdict was contrary to the weight of
the evidence, we review the ruling for abuse of discretion.
State v. Thompson, 836 N.W.2d 470, 476 (Iowa 2013).