State of Iowa v. Justin Lee Meyer ( 2016 )


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  •                     IN THE COURT OF APPEALS OF IOWA
    No. 15-1047
    Filed March 9, 2016
    STATE OF IOWA,
    Plaintiff-Appellee,
    vs.
    JUSTIN LEE MEYER,
    Defendant-Appellant.
    ________________________________________________________________
    Appeal from the Iowa District Court for Black Hawk County, James D. Coil,
    District Associate Judge.
    Justin Meyer appeals following his guilty plea to one count of assault
    domestic abuse causing bodily injury, enhanced. AFFIRMED.
    Mark C. Smith, State Appellate Defender, and Robert P. Ranschau,
    Assistant Appellate Defender, for appellant.
    Thomas J. Miller, Attorney General, and Linda J. Hines, Assistant Attorney
    General, for appellee.
    Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.
    2
    MULLINS, Judge.
    Justin Meyer appeals following his guilty plea to one count of assault
    domestic abuse causing bodily injury, enhanced, in violation of Iowa Code
    section 708.2A(3)(b) (2013). He claims his attorney was ineffective in permitting
    him to plead guilty to the charges when there was not a factual basis to support
    the element that he caused a bodily injury.      We review the entire record to
    determine if there is a factual basis to support the plea. See State v. Finney, 
    834 N.W.2d 46
    , 62 (Iowa 2013). Our de novo review of the record indicates the
    survivor suffered abrasions and red marks on her back, waist, right arm, and
    neck. See State v. Taylor, 
    689 N.W.2d 116
    , 136 (Iowa 2004) (finding sufficient
    evidence of bodily injury when the victim suffered small bruises and abrasions
    when pulled from her vehicle). Because a factual basis supports his guilty plea,
    Meyer’s attorney was not ineffective in allowing him to plead guilty to the charge
    of assault domestic abuse causing bodily injury, enhanced, or in failing to file a
    motion in arrest of judgment.      We therefore affirm Meyer’s conviction and
    sentence pursuant to Iowa Court Rule 21.26(1)(a), (c), and (e).
    AFFIRMED.
    

Document Info

Docket Number: 15-1047

Filed Date: 3/9/2016

Precedential Status: Precedential

Modified Date: 3/9/2016