from the Iowa District Court for Floyd County, Rustin T.
Johnson appeals his conviction for first-degree burglary.
M. Gonyea of McKelvie Law Office, Grinnell, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
by Doyle, P.J., and Mullins and McDonald, JJ.
Johnson was convicted of burglary in the first degree, in
violation of Iowa Code sections 713.1 and 713.3 (2017). The
district court sentenced Johnson to an indeterminate term of
incarceration not to exceed twenty-five years. In this direct
appeal, Johnson asserts several clams of error: (1) his
counsel provided constitutionally deficient representation in
several respects; (2) the district court erred in denying his
motion for new trial; (3) the district court abused its
discretion in imposing sentence; and (4) his sentence is
case arises out of a residential burglary in Charles City.
Johnson and the State have very different accounts of what
happened on the night in question.
to Johnson, he and his girlfriend were visiting some friends
in Charles City, including his friend Michael Jackson. While
Johnson was with Jackson, they met up with Deangelo Hawkins.
The three men wanted to purchase marijuana. Hawkins
volunteered he knew a dealer-his childhood friend, Jamison
Zirbel. Johnson, Jackson, and Hawkins went to Zirbel's
house. In addition to wanting to purchase marijuana, Hawkins
believed someone at Zirbel's house had his cell phone.
When the three men arrived at Zirbel's house, Hawkins
went up to the door while Johnson and Jackson hung back.
Eventually they joined Hawkins in the house.
to Johnson, another man, Garrett Tegtmeier, was present when
Johnson entered the home. Hawkins asked about his phone, and
Tegtmeier grabbed for his waistband to pull out a gun.
Johnson shoved Tegtmeier into a refrigerator, and Jackson
locked the entry door and grabbed the gun from Tegtmeier.
Then Johnson and Jackson ran upstairs and went out a window
and onto the roof. Jackson was still in possession of the
gun, and he dropped it off the roof. While on the roof,
Johnson heard a scuffle inside. Johnson and Jackson climbed
back into the house. Once inside, Johnson encountered Enrique
Bor, a resident of the house. Bor exited the home with
Johnson, Hawkins, and Jackson.
be discussed in more detail below, Johnson's version of
events is not credible. According to the State's
evidence, on the day in question, Bor, Zirbel, and Tegtmeier
were hanging out at Zirbel and Bor's house. As the
evening wound down, Zirbel set out with Tegtmeier to walk
Tegtmeier to his home. Zirbel did not lock the entry door
because he planned on returning home soon. Bor remained at
the house and relaxed in his room upstairs.
after Zirbel and Tegtmeier left, Bor heard loud knocking at
the door. He did not answer. Then he heard people enter the
house. Startled, Bor hid in the back of his closet and called
Zirbel to see if anyone was supposed to come over. When
Zirbel confirmed no one was supposed to come over, Bor called
911. By this time, the intruders were searching around the
house. Bor whispered his address to the dispatcher and told
the dispatcher there were people in the house. Bor could hear
the intruders talking about Bor's PlayStation and other
things in Bor's room. While Bor was still on the phone
with the dispatcher, someone opened the closet door. Bor hid
himself and was not discovered. Bor remained on an open line
with the 911 dispatcher.
receiving Bor's call, Zirbel and Tegtmeier went back to
the house. Upon arrival, they found the entry door was
deadbolted. The two kicked in the door and ran upstairs. When
they reached the second floor, they discovered Hawkins,
Johnson, and Jackson. Zirbel was either pushed or fell down
the stairs. After falling down the stairs, he sought refuge
in the garage. Hawkins, Johnson, and Jackson questioned
Tegtmeier while they beat him with a tire iron and searched
his pockets. Bor was still in the closet and connected to
911. On the recording of the phone call, multiple voices can
be heard in ...