Opinion
No. 3-344 / 02-1934
Filed June 13, 2003
Appeal from the Iowa District Court for Black Hawk County, James D. Coil, District Associate Judge.
Riley appeals his conviction and sentence, following a guilty plea, to the offense of assault domestic abuse causing bodily injury. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Shellie Knipfer, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, Thomas Ferguson, County Attorney, and Jill Dashner, Assistant County Attorney, for appellee.
Considered by Mahan, P.J., and Miller and Vaitheswaran, JJ.
Riley appeals his conviction and sentence, following a guilty plea, to the offense of assault domestic abuse causing bodily injury in violation of Iowa Code section 708.2A(2)(b) (2001). He contends the district court erred in finding a factual basis to support the offense. We affirm.
Background Facts and Proceedings. Riley and Michelle Gage resided together and have two children. An altercation occurred between the two at their residence on April 28, 2002. Several other people were present. The prosecution alleged that Riley assaulted Gage and that bodily injury was suffered. Specifically, the State alleged Gage had a scratch by her left eye, redness around her neck, a bruise by her right breast, and pain to her head as the result of Riley pulling her hair.
Riley admitted in his plea that he pulled her hair. However, he claims justification because he contends he was just pulling Gage and another woman apart after a fight. He denies any bodily injury was suffered by Gage.
The district court adjudged Riley guilty and sentenced him pursuant to a plea agreement. Riley appeals.
Preservation of Error. Riley did not file a motion in arrest of judgment before sentencing. However, both Riley and the State agree that the district court did not comply with Iowa Rule of Criminal Procedure 2.8(2)( d). Thus, the State concedes error has been preserved based upon this failure. State v. Hook, 623 N.W.2d 865, 867 (Iowa 2001).
Factual Basis. The record to support a factual basis for a guilty plea includes not only the statements of a defendant, but also the minutes of testimony and statements made by the prosecutor at the guilty plea proceedings. State v. Keene, 630 N.W.2d 579, 581 (Iowa 2001). The record, when reviewed as a whole, must disclose sufficient facts to satisfy the elements of the crime. Id. This record does just that. Riley himself admitted the assault and that he and Gage resided together. The remaining elements were satisfied through the statements of the prosecution and the minutes of testimony and attachments thereto. The district court was correct in concluding that a factual basis existed to support the charge.
Justification Defense . Riley claims a justification defense pursuant to Iowa Code section 704.3. We find this claim to be without merit.