State v. Fountain

Full title: STATE of Iowa, Plaintiff–Appellee, v. Donald Shawn FOUNTAIN…

Court: Court of Appeals of Iowa.

Date published: May 30, 2013

834 N.W.2d 872 (Iowa Ct. App. 2013)

Opinion

No. 12–1618.

2013-05-30

STATE of Iowa, Plaintiff–Appellee, v. Donald Shawn FOUNTAIN, Defendant–Appellant.

Appeal from the Iowa District Court for Wapello County, Kirk A. Daily (guilty plea), District Associate Judge, and Joel D. Yates (sentencing), Judge. Donald Wayne Fountain appeals his conviction for the crime of willful injury resulting in bodily injury, in violation of Iowa Code sections 702.4(2) and 702.18 (2011). AFFIRMED. Mark C. Smith, State Appellate Defender, and Rachel C. Regenold, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Tyler J. Buller, Assistant Attorney General, Lisa Holl, County Attorney, and Andrew Ritland, Assistant County Attorney, for appellee.

Considered by VOGEL

Appeal from the Iowa District Court for Wapello County, Kirk A. Daily (guilty plea), District Associate Judge, and Joel D. Yates (sentencing), Judge.
Donald Wayne Fountain appeals his conviction for the crime of willful injury resulting in bodily injury, in violation of Iowa Code sections 702.4(2) and 702.18 (2011). AFFIRMED.
Mark C. Smith, State Appellate Defender, and Rachel C. Regenold, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Tyler J. Buller, Assistant Attorney General, Lisa Holl, County Attorney, and Andrew Ritland, Assistant County Attorney, for appellee.
Considered by VOGEL, P.J., and VAITHESWARAN and BOWER, JJ.

BOWER, J.

Donald Wayne Fountain appeals his conviction for the crime of willful injury resulting in bodily injury, in violation of Iowa Code sections 702.4(2) and 702.18 (2011). Fountain entered an Alford plea to the charge because he could not admit he intended to cause serious injury. The district court relied upon the minutes of testimony to find a factual basis supporting the element of intent. Fountain appeals and argues the district court erred by accepting the plea without an adequate factual basis. Having conducted a thorough review of the record, and having considered the arguments raised by Fountain, we affirm the district court without further opinion. SeeIowa R.App. P. 6.1203(a), (d).

AFFIRMED.