from the Iowa District Court for Black Hawk County, Jeffrey
L. Harris, District Associate Judge.
defendant appeals her sentence for domestic abuse assault and
violation of a no-contact order.
M. Marzen and Cynthia Tofflemire of Marzen Law Office,
P.L.L.C., Waverly, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
sentencing court described Brooke Trimble's
serious-misdemeanor assault of her boyfriend as
"somewhat of a reverse Me Too situation" before
imposing a term of 365 days, all but fifteen days suspended,
and one to two years supervised probation. Trimble asks to be
resentenced, alleging the court's remarks signaled its
consideration of improper factors. She also argues the
sentence was grossly disproportionate to the crime.
review, we find the court's "reverse Me Too"
analogy revealed its reliance on an unprosecuted and unproven
charge. Accordingly, we vacate Trimble's sentences for
domestic abuse assault and the no-contact order violation and
remand for resentencing before a different judge.
Facts and Prior Proceedings
neighbor summoned law enforcement to the residence of Brooke
Trimble and her boyfriend, B.M., in November 2017 after
hearing screaming and banging inside. B.M. told the
responding deputy he and Trimble "got into an argument
that morning" and Trimble slapped him while he was
holding their infant son. He also said Trimble tackled him,
held him down on the bed, and tried to remove his clothes.
B.M. said he refused Trimble's sexual advances and was
relieved when the deputies responded to the neighbor's
911 call. B.M. showed the deputies bruising on both sides of
his neck, as well as on his right bicep and chest. The deputy
reported Trimble was uncooperative and had to be restrained.
State charged Trimble with child endangerment; domestic abuse
assault causing bodily injury, first offense; and obstruction
of emergency communications. She agreed to plead guilty to
domestic abuse assault. At the same hearing, Trimble also
pleaded guilty to a later-incurred charge for violating the
no-contact order imposed following the November 2017
incident. In exchange, the State agreed to recommend Trimble
be sentenced to 365 days confinement with all but six days
suspended, one to two years supervised probation, completion
of the Iowa Domestic Abuse Program, and a $315 fine with
surcharge and court costs. Along with the sentencing
recommendation, the State dismissed the child-endangerment
charge, an aggravated misdemeanor, and the
obstruction-of-emergency-communications charge, a serious
July 2018 sentencing hearing, the State followed through with
its promised recommendation of six days in jail, while
Trimble asked for the two-day statutory minimum term. B.M.
gave a victim impact statement, recounting the attack by
Trimble after he told her he was going to the bank that
[S]he fired back, 'Oh, so are you going to sleep with
that girl from the bank?' And she grabbed my shirt and
said, . 'We are having sex right now.' I told her no
and she ...