Opinion
No. 14–0888.
10-14-2015
STATE of Iowa, Plaintiff–Appellee, v. Loni Hayes NELSON, Defendant–Appellant.
Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik and Mary A. Triick, Assistant Attorneys General, and Timothy Kenyon, County Attorney, for appellee.
Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik and Mary A. Triick, Assistant Attorneys General, and Timothy Kenyon, County Attorney, for appellee.
Opinion
SACKETT, Senior Judge.
Loni Nelson appeals following his convictions of two counts of dependent adult abuse as an habitual felon. He contends the State failed to establish the victim was a dependent adult or that he used improper means to influence the victim to loan him money. He also contends he received ineffective assistance from his trial counsel.
I. BACKGROUND FACTS AND PROCEEDINGS.
Nelson was hired to assist with Joan Boyd's around-the-clock care after her release from hospice in 2013. Boyd was in poor physical health and described herself as being bedridden for at least fifty-two years. Boyd could not be left alone in the home and needed to be turned every two hours. Theresa Harman, Boyd's daughter, lived with her and was her primary caretaker. Nelson was hired to assist Boyd on weekends, earning $300 per weekend in July and August 2013.
Charles Warren, who had power of attorney over Boyd's financial matters, discovered Boyd had written a number of checks to Nelson in August 2013 that did not appear to be for wages. The check numbers, dates, and amounts are as follows: