State v. Matlock

772 N.W.2d 249, 2005 WL 4043952
CourtCourt of Appeals of Iowa
DecidedAugust 17, 2005
Docket04-0404
StatusPublished

This text of 772 N.W.2d 249 (State v. Matlock) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Matlock, 772 N.W.2d 249, 2005 WL 4043952 (iowactapp 2005).

Opinion

772 N.W.2d 249 (2005)

STATE of Iowa, Plaintiff-Appellee,
v.
Roosevelt MATLOCK, Defendant-Appellant.

No. 04-0404.

Court of Appeals of Iowa.

August 17, 2005.

*251 Linda Del Gallo, State Appellate Defender, and Shellie Knipfer, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Linda Hines, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kim Griffith, Assistant County Attorney, for appellee.

Heard by MAHAN, P.J., ZIMMER, J., and BROWN, S.J.[*]

ZIMMER, J.

Roosevelt Matlock appeals from the judgment and sentence entered by the district court following his convictions for willful injury while being a habitual offender and going armed with intent while being a habitual offender, in violation of Iowa Code sections 708.4(1), 708.8, and 902.8 (2003). He claims that (1) the district court erred in admitting evidence of his other bad acts, (2) his trial counsel was ineffective for failing to object to prosecutorial misconduct, and (3) the district court abused its discretion in imposing sentence. We affirm his convictions, but vacate the sentences imposed and remand for resentencing.

I. Background Facts & Proceedings

On the evening of September 6, 2003, Joel Riley was entertaining some friends from out-of-town. Shortly after midnight on September 7, he took his friends to the Uptown Lounge in Waterloo. Riley's two sisters and their husbands were already at the bar when Riley arrived. After Riley got to the bar he noticed Roosevelt Matlock standing next to him. Matlock was wearing a purple suit and was rocking back and forth. Riley and Matlock exchanged pleasantries and then Matlock walked away. Approximately twenty minutes later Matlock returned to where Riley and his friends were standing and said, "You all leave that alone." Matlock leaned into Riley when he spoke and then walked away. Matlock later returned and said, "You and him leave that alone." Matlock then bumped into Riley with his shoulder.

Later, Riley walked outside the bar and saw Matlock. Matlock was standing against a wall chanting something unintelligible and rocking back and forth. Riley asked Matlock why he was stalking him. Matlock did not respond. Riley then told Matlock to leave him and his friends alone. Matlock did not respond and just continued chanting and rocking back and forth. Riley then called Matlock "Barney."[1] Jay Jordan, Riley's brother-in-law, saw what was going on and grabbed Riley by the arm and told him to come back into the bar. As Jordan was pulling Riley away he noticed that Riley had been cut. Matlock had sliced Riley's cheek open from his ear to his mouth. Riley was also cut on his forehead, his right forearm, and his left wrist.

Riley's relatives immediately rushed him to the hospital. Riley needed surgery to *252 repair the injury to his cheek, which was approximately one-half inch deep and twelve centimeters in length. The emergency room doctor and Riley's surgeon testified that Riley's injuries were inflicted by a sharp instrument such as a knife or box cutter.[2]

Officers identified Matlock as a suspect. They arrested him at his home later that day.

On December 22, 2003, the State filed an amended trial information charging Matlock with willful injury and going armed with intent. Each count alleged that Matlock was subject to sentencing as a habitual offender because of his prior record of convictions.

Prior to trial, the State filed a notice of intent to introduce evidence of two similar crimes Matlock committed within a two-week period of his alleged assault on Riley.[3] Matlock resisted the State's motion. The district court decided to allow the State to present the evidence of Matlock's other bad acts, but also decided to give a limiting instruction to the jury regarding the evidence.

Matlock filed a notice of self-defense prior to trial. In January 2004 a jury trial commenced. At trial, Matlock admitted that he struck Riley. However, he maintained that the injuries to Riley were caused by a drinking glass he had carried out of the bar rather than a knife or a box cutter. Matlock testified that Riley and his companions had threatened a friend of his inside the bar, that Riley told him he was a member of a gang, and that when he struck Riley he was merely trying to protect himself from Riley. The jury found Matlock guilty on both counts. Matlock waived his right to a jury trial on the question of his habitual offender status. The district court found Matlock had two previous felony convictions and therefore ruled that he was a habitual offender.

On February 26, 2004, Matlock appeared before the court for sentencing in this case—Black Hawk County case number 118993—and two other cases—Black Hawk County case numbers 116785 and 117741.[4] In each case the court sentenced Matlock to two fifteen-year concurrent terms. The court then ordered that each of the three pairs of fifteen-year sentences would run consecutively to each other. Thus, Matlock was sentenced to forty-five years in prison. Matlock appeals.

II. Scope and Standards of Review

We review rulings on the admission of evidence of other bad acts for an abuse of discretion. State v. White, 668 N.W.2d 850, 853 (Iowa 2003). In order to show an abuse of discretion, one generally must show the district court exercised its discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable. State v. Most, 578 N.W.2d 250, 253 (Iowa Ct.App.1998).

We review claims of ineffective assistance of counsel de novo. State v. Polly, 657 N.W.2d 462, 465 (Iowa 2003). To prove an ineffective assistance of counsel claim, Matlock must show by a preponderance *253 of the evidence that (1) trial counsel failed to perform an essential duty, and (2) prejudice resulted from counsel's error. Id. Failure to demonstrate either element is fatal to a claim of ineffective assistance. Id.

We review sentencing decisions for correction of errors at law. Iowa R.App. P. 6.4. Because the challenged sentence does not fall outside statutory limits, we review the district court's decision for abuse of discretion. State v. Thomas, 547 N.W.2d 223, 225 (Iowa 1996). Consideration of an improper sentencing factor is an abuse of discretion and requires that the defendant be resentenced. State v. Thomas, 520 N.W.2d 311, 313 (Iowa Ct.App.1994).

III. Other Bad-Acts Evidence

Matlock first claims the district court erred in admitting evidence of his other bad acts. He argues the court did not give a valid, non-character reason for allowing this evidence. He also asserts the evidence was not relevant to any issue at trial and that any probative value the evidence possessed was substantially outweighed by the danger of unfair prejudice.

Iowa Rule of Evidence 5.404(b) provides:

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.

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Related

State v. Polly
657 N.W.2d 462 (Supreme Court of Iowa, 2003)
State v. Escobedo
573 N.W.2d 271 (Court of Appeals of Iowa, 1997)
State v. Most
578 N.W.2d 250 (Court of Appeals of Iowa, 1998)
State v. Hopkins
576 N.W.2d 374 (Supreme Court of Iowa, 1998)
State v. Graves
668 N.W.2d 860 (Supreme Court of Iowa, 2003)
State v. White
668 N.W.2d 850 (Supreme Court of Iowa, 2003)
State v. Thomas
520 N.W.2d 311 (Court of Appeals of Iowa, 1994)
State v. Thomas
547 N.W.2d 223 (Supreme Court of Iowa, 1996)
State v. Spurgeon
533 N.W.2d 218 (Supreme Court of Iowa, 1995)
State v. Sullivan
679 N.W.2d 19 (Supreme Court of Iowa, 2004)
State v. Bugely
562 N.W.2d 173 (Supreme Court of Iowa, 1997)
State v. Rubino
602 N.W.2d 558 (Supreme Court of Iowa, 1999)
State v. Taylor
689 N.W.2d 116 (Supreme Court of Iowa, 2004)

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Bluebook (online)
772 N.W.2d 249, 2005 WL 4043952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-matlock-iowactapp-2005.