Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Altmayer

Court of Appeals of Iowa

February 6, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
JEFF LEE ALTMAYER, Defendant-Appellant.

          Appeal from the Iowa District Court for Jasper County, Terry R. Rickers, Judge.

         Jeff Lee Altmayer appeals his convictions for kidnapping in the first degree, sexual abuse in the second degree, and enticing a minor. AFFIRMED.

          Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant Attorney General, for appellee.

          Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.

          VOGEL, CHIEF JUDGE.

         Jeff Lee Altmayer appeals his convictions for kidnapping in the first degree, sexual abuse in the second degree, and two counts of enticing a child. He argues his trial counsel was ineffective for failing to object to a jury instruction regarding his out-of-court statements, and the court abused its discretion in admitting other-acts evidence and erred in submitting a jury instruction regarding the complaining witness. We find both instructions correctly state the law and did not result in prejudice and the other-acts evidence was proper for proving identity. Therefore, we affirm.

         I. Background Facts and Proceedings

         On August 17, 2016, two eleven-year-old girls, N.D. and C.F., were walking near their homes in Colfax. According to N.D.'s testimony, as they walked a man stopped his vehicle next to them, showed them a one-hundred-dollar bill, and asked for help doing yardwork. The man said he only had room for one of them in his vehicle. N.D. decided she wanted the money and entered his vehicle. When she sat in the front passenger seat, she noticed a lawn chair in the backseat and air fresheners in the vents. The man told her they needed to go to Des Moines for the yardwork. As he drove them, he began touching her. He first touched her with his hand on her breast over her clothes; he then touched her with his hand "on the area where pee comes out" over her clothes; and finally, he grabbed her hand, "put it on his area where pee comes out," and told her to squeeze. N.D. resisted and demanded he let her out of the car. He eventually released her a few blocks away from where he picked her up and drove away. N.D. walked to her grandparents' nearby house, "crying and shaking." She told her grandfather about the incident, and he contacted the police. The police could not locate the man at the time. Sometime later, N.D. saw Altmayer's picture on the Internet in a news story and recognized him as the man who touched her. At trial, she identified Altmayer as the man who touched her.

         On November 16, 2016, eleven-year-old S.L. and her friend were walking home from school in Onawa. As they walked, S.L. testified, a man stopped his car near them and offered "like a one-thousand-dollar bill" if they entered his car. They refused and threatened to call the police, and the man drove away. Around the same time, six-year-old P.N. was also walking home from school in Onawa. As she walked, she testified, a man stopped his car near her and asked if she "wanted a hundred dollars." She ran away to her house and explained what happened. A family friend was in the house at the time, and he immediately left to drive around the area in search of the man. The family friend soon located the man in his vehicle, contacted police, and followed the man until law enforcement stopped him. Law enforcement identified the man as Altmayer. They found twelve one-hundred-dollar bills on his person. They also searched his vehicle and found multiple air fresheners in the vents and a lawn chair.

         After Altmayer was taken into custody, Special Agent Michael Roehrkasse with the Iowa Division of Criminal Investigation was contacted. Special Agent Roehrkasse had previously investigated the incident involving N.D. and C.F. He and another agent interviewed Altmayer that night, and he testified about the contents of the interview. Altmayer told them he lives in Ankeny. His job duties include traveling to different places to inspect vehicles. He acknowledged talking to two girls in Onawa-apparently S.L. and her friend-but he claimed he only asked them if they knew of a nearby deli that served a "hundred-dollar sub," which is his term for a hot pastrami sandwich.

         On February 16, 2017, Altmayer was charged with kidnapping in the first degree, [1] sexual abuse in the second degree, [2] and two counts of enticing a minor[3]related to the encounter with N.D. and C.F. Trial was held January 16 to 19, 2018. The State presented witnesses from both Colfax and Onawa, including N.D., C.F., N.D.'s grandparents, S.L., P.N., and law enforcement officers. During N.D.'s testimony, she viewed photographs of Altmayer's vehicle and the lawn chair and air fresheners found inside his vehicle after the Onawa incident, and she testified they "look[ed] like" the objects she saw when she encountered Altmayer. The State also called Dion Morrow, an analyst with Verizon Wireless, who testified company records show a device connected to the number for Altmayer's personal mobile phone ended a call no more than ten miles from an address in Colfax on August 17, 2016, at 5:49 p.m. The jury found Altmayer guilty on all four counts. On February 21, 2018, the court sentenced him to life in prison for kidnapping, a term of incarceration not to exceed twenty-five years for sexual abuse, and terms of incarceration not to exceed ten years for each count of enticing a minor. His sentences for kidnapping and sexual abuse were run concurrently, and his sentences for enticing a minor were run consecutively to each other and consecutively to his other sentences. He now appeals.

         II. Standard of Review

         We review alleged errors in jury instructions for correction of errors at law. State v. Tipton, 897 N.W.2d 653, 694 (Iowa 2017). We review the admission of other-acts evidence for abuse of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.