from the Iowa District Court for Linn County, Lars G.
defendant appeals from the sentence he received following a
remand for resentencing. AFFIRMED.
Frederick Stiefel, Victor, for appellant.
J. Miller, Attorney General, and Darrel L. Mullins, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
Veronda appeals from the sentence he received following a
remand for resentencing. He maintains his counsel provided
ineffective assistance by failing to object when the State
did not abide by the original plea agreement.
Background Facts and Proceedings.
2016, Veronda was charged by three separate trial
informations with domestic abuse assault, a serious
misdemeanor; domestic abuse assault causing bodily injury, an
aggravated misdemeanor; and second-degree burglary. Each of
the three crimes involved the same woman, who had a
court-issued no-contact order against Veronda.
entered into a plea agreement with the State whereby he
agreed to plead guilty to the reduced charge of third-degree
burglary as well as to each of the charges of domestic abuse
assault. As part of the agreement, the State agreed to
recommend a suspended sentence.
December 2016, Veronda entered guilty pleas to each of the
three charges and was sentenced to a five-year term of
incarceration for the burglary conviction, a two-year term
for domestic abuse assault causing bodily injury, and two
years for the conviction for domestic abuse assault. Each of
the sentences was suspended.
filed an appeal challenging the legality of his sentence, and
the State filed a motion to reverse and remand for
resentencing. It was undisputed Veronda had been improperly
sentenced to a two-year term of incarceration for his serious
misdemeanor conviction of domestic abuse assault.
See Iowa Code § 903.1(b) (2016) ("For a
serious misdemeanor, . . . the court may also order
imprisonment not to exceed one year."). In August 2017,
our supreme court filed an order granting the State's
motion and remanding for resentencing.
Veronda's guilty pleas and sentencing in December 2016
and when the matter came on for resentencing in September
2017, it was alleged Veronda had violated the no-contact
order between him and the protected party a number of times.
In a January 2017 probation violation complaint, it was
alleged Veronda had violated his probation by being in the
home of the protected party with her and by providing an
alcohol breath test that registered a blood alcohol content
of .149. As a result, the State filed an application to
revoke Veronda's probation. In June, the State filed a
second application for revocation of Veronda's probation
after it was alleged he again violated the terms of his
probation and the no-contact order by spending time in the
home of and with the protected party. The State later amended
the application to include the allegation that a urinalysis
collected from Veronda in June showed the presence of alcohol
in Veronda's system.
resentencing hearing, the court began the proceedings by
reciting the procedure of the ...