State of Iowa v. Dustin Elliot Williams ( 2014 )

IN THE COURT OF APPEALS OF IOWA
No. 14-0064
Filed November 26, 2014
STATE OF IOWA,
Plaintiff-Appellee,
vs.
DUSTIN ELLIOT WILLIAMS,
Defendant-Appellant.
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Appeal from the Iowa District Court for Polk County, Odell G. McGhee,
District Associate Judge.
Appellant challenges his sentence for domestic abuse assault causing
bodily injury. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Robert P. Ranschau,
Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant
Attorney General, John P. Sarcone, County Attorney, and Shannon Archer,
Assistant County Attorney, for appellee.
Considered by Mullins, P.J., and Bower and McDonald, JJ.
2
MCDONALD, J.
Dustin Williams appeals his sentence for domestic abuse assault causing
bodily injury, in violation of Iowa Code section 708.2A(2)(b) (2011). The court
sentenced Williams to 180 days’ incarceration, with credit for forty-four days’ time
served. On appeal, Williams contends the district court abused its discretion in
imposing sentence because the “typical” sentence for a first conviction for this
offense is two days in jail. We conclude Williams has not established the court
abused its discretion in imposing a statutorily authorized sentence. See State v.
Privitt, 571 N.W.2d 484, 486 (Iowa 1997) (stating the defendant must establish
the court abused its discretion); State v. Floyd, 466 N.W.2d 919, 924 (Iowa Ct.
App. 1990) (stating the court’s sentence is cloaked with a strong presumption of
regularity). The sentence is affirmed without further opinion. See Iowa Ct. R.
21.26(1)(a) and (e).
AFFIRMED.