from the Iowa District Court for Worth County, Rustin T.
defendant appeals her conviction for driving while barred.
REVERSED AND REMANDED.
M. Wadding of Kemp & Sease, Des Moines, for appellant.
J. Miller, Attorney General, and Richard Bennett, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
convicted Tricia Hannegrefs of driving while barred,
rejecting her compulsion defense. Hannegrefs contends her
conviction must be reversed because the jurors were not
instructed the State had the burden to disprove her claim she
was compelled by her boyfriend to commit the driving offense.
She argues her trial attorney's failure to object to the
omission undermined her defense. Because we agree counsel
breached a material duty by not challenging the flawed
instructions and Hannegrefs was prejudiced, we reverse her
conviction and remand for a new trial.
Facts and Prior Proceedings
lived with Tim Abrahamson, her boyfriend of ten years. In
September 2017, Abrahamson was fixing a motorcycle at the
couple's home and decided to take it for a test drive.
The bike broke down, forcing Abrahamson to walk back home.
Hannegrefs recalled Abrahamson enlisting her help in picking
up the motorcycle from the side of the road because "he
couldn't drive the car and the bike." Knowing her
license was barred, she nevertheless drove the car home at
her boyfriend's insistence.
the motorcycle excursion, according to Hannegrefs, Abrahamson
continued to pressure her to drive because they were late
picking up his mother from the hospital, where she was
recovering from recent brain surgery.
We had just gone to the motorcycle and were in a hurry to get
down to Mom. And I know the car was almost dead on gas. And
he just jumped in the passenger's side and said,
I'm like, "I don't want to drive."
He goes, "Let's go."
I go, "I don't want to drive."
And he's like, "You need to go. We have to go."
testified she succumbed to Abrahamson's pressure because
of his past assaultive behavior:
Q. Tricia, I don't want to embarrass you; but do you have
difficulty sometimes with [Tim]? A. There has been a . . .
domestic assault on me once before back in-I ...