from the Iowa District Court for Scott County, Mary E. Howes,
Howard appeals from the sentence imposed following his guilty
plea to assault causing injury. AFFIRMED.
D. Hallstoos of Hallstoos Law Office, Dubuque, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.
DANILSON, Chief Judge.
Howard appeals his sentence for assault causing bodily
injury, a serious misdemeanor, in violation of Iowa Code
sections 708.1 and .2(2) (2017).
Granvold, Jennifer Antenor, and Tiffany Caruthers were out
together having drinks on March 19, 2017. They were
confronted at the bar by Howard, who was in a relationship
with Caruthers. The women left the bar and walked back to
Caruthers's vehicle. Howard confronted them, shouted at
them, and hit Antenor in the left side of her face. There
were no marks or injuries to Antenor's face. Granvold
attempted to intervene, and Howard struck Granvold in the
face with a closed fist, breaking her nose.
result of the encounter, Howard was charged with assault
causing bodily injury to Granvold. He also had other pending
criminal charges including one charge of domestic assault,
third or subsequent offense in one case; and in another case,
three charges-possession with intent to deliver crack
cocaine; failure to affix a drug tax stamp as a habitual
offender; and conspiracy to create, deliver, or possess with
intent to deliver crack cocaine as a habitual offender.
entered a written guilty plea to assault causing bodily
injury to Granvold. He accepted the minutes of evidence as
substantially true and acknowledged a plea agreement existed
"as evidenced by a memorandum of plea agreement which I
have signed." The district court held a hearing at which
it acknowledged the written plea agreement, which provides
[Howard] will plead guilty to count I in cause ending in 923,
which is possession of crack cocaine, . . . and in the SRCR
he would plead guilty as charged to assault causing bodily
injury . . . . At sentencing, the State will move to dismiss
Counts II and III in felony cause ending 923 and will dismiss
FECRO 383374 at [Howard's] costs.
court also noted it was an "open plea, which means that
the State is free to make any recommendation." Howard
acknowledged that was his understanding of the plea
combined sentencing hearing was held. Howard was represented
by separate counsel for the felony and misdemeanor cases. The
attorney on the felony case, Jack Dusthimer, acknowledged
that a presentence investigation report (PSI) had been
prepared and made available to counsel, Howard had read it,
and there were no substantive changes or corrections.
Dusthimer asked that Howard receive probation. Ryan
Beckenbaugh, counsel on this misdemeanor case, then stated:
I will join and echo most of-actually, all of Mr.
Dusthimer's comments, and I would put emphasis on the
needs identified. Two of them are that Mr. Howard needs a
substance abuse evaluation and mental health evaluation. Like
[Dusthimer] said, those could be provided here, but there are
also things Mr. Howard needs to help get himself better, and
then, I would just point out that I think it's
significant that he responded to one of the needs identified
already by going out and getting this job at Rustic Ridge. I