from the Iowa District Court for Black Hawk County, Andrea J.
defendant appeals his conviction for first-degree robbery.
C. Smith, State Appellate Defender, and Shellie L. Knipfer,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Darrel Mullins, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and Bower, JJ.
Mathews appeals his conviction for first-degree robbery, in
violation of Iowa Code sections 711.1 and 711.2 (2013).
Mathews claims he received ineffective assistance of counsel
and the district court abused its discretion by imposing
consecutive sentences. We find the district court did not
abuse its discretion and preserve Mathews's claim of
ineffective assistance for postconviction proceedings. We
affirm the district court.
Background Facts and Proceedings
lived with his girlfriend, Monica Bray. On April 23, 2014,
Mathews and two others left Bray's house. Bray asked
where they were going. Mathews told her not to worry and that
he was getting some money. Around 11:30 p.m., Mathews and the
others entered a Burger King, held two employees at gun
point, beat one of the employees, and stole $944. When
Mathews returned to Bray's house, they began to argue. He
called her ungrateful and threw money at her.
April 28, Mathews assaulted Bray. Although she suffered no
visible injuries she was taken to the hospital as she was
pregnant. Bray's friend informed police Bray had
information regarding the Burger King robbery. Bray was
interviewed and told police Mathews admitted to the robbery.
She also revealed details of the crime not released to the
was charged by trial information on November 24, 2015. Trial
began February 21, 2017. Bray testified against Mathews at
trial. Prior to her testimony, defense counsel read a
statement into the record noting the State agreed not to file
charges against Bray in relation to the Burger King robbery
or another robbery, referred to as the Craigslist robbery, if
she agreed to testify. Trial counsel stated he wished to make
a complete record if he needed to impeach Bray's
showed Bray would not be charged with no-contact order
violations, any criminal conduct arising from the Burger King
robbery, and another incident involving Mathews. During
cross-examination defense counsel asked a series of questions
about the charges the State had agreed not to file. During
the course of the questioning defense counsel made statements
implying Mathews was involved in the Craigslist robbery.
was found guilty February 27. On March 27, the district court
sentenced Mathews to twenty five years in prison to be served
consecutively to other convictions in Black Hawk County,
Iowa, and Lake County, Indiana. Mathews now appeals.