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State v. Terry

Court of Appeals of Iowa

December 18, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
GARY DEAN TERRY, JR., Defendant-Appellant.

          Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.

         Gary Dean Terry appeals his judgment and sentence for domestic abuse assault with intent to inflict serious injury.

          Zeke R. McCartney of Reynolds & Kenline, L.L.P., Dubuque, for appellant.

          Thomas J. Miller, Attorney General, and Sharon K. Hall, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.

          VAITHESWARAN, PRESIDING JUDGE.

         Gary Dean Terry appeals his judgment and sentence for domestic abuse assault with intent to inflict serious injury. See Iowa Code § 708.2A(2)(c) (2017). He contends (1) the evidence was insufficient to support the jury's finding of guilt and (2) his trial attorney was ineffective in failing to move for new trial on the ground the finding was against the weight of the evidence.

         The jury was instructed the State would have to prove the following elements of domestic abuse assault with intent to inflict serious injury:

1. On or about August 8, 2017, the defendant did an act which was meant to do one or more of the following:
A. cause pain or injury to [his wife], or
B. result in physical contact to [his wife] which was insulting or offensive, or
C. place [his wife] in fear of immediate physical contact which would have been painful, injurious, insulting, or offensive to [her].
2. The defendant had the apparent ability to do the act.
3. At that time the defendant intended to cause a serious bodily ...

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