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finding the defendant's weight-of-the-evidence challenge was not preserved following a bench trial, when the defendant failed to file a motion for new trial (citing State v. Ellis, 578 N.W.2d 655 (Iowa 1998))
Summary of this case from State v. KramerOpinion
No. 4-311 / 03-0979
May 26, 2004.
Appeal from the Iowa District Court for Cerro Gordo County, Carlynn D. Grupp, District Associate Judge.
Defendant Eric Demaris appeals the judgment and sentence entered following his bench trial for domestic abuse assault resulting in injury, second offense, under Iowa Code sections 708.2A(1) and 708.2A(3)(b) (2001). AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Robert P. Ranschau, Assistant State Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Roxann M. Ryan, Assistant Attorney General, and Paul L. Martin, County Attorney, for appellee.
Considered by Mahan, P.J., and Zimmer and Eisenhauer, JJ.
Defendant Eric Demaris appeals the judgment and sentence entered following his bench trial for domestic abuse assault resulting in injury, second offense, under Iowa Code sections 708.2A(1) and 708.2A(3)(b) (2001). Demaris argues the district court erred in denying his motion for judgment of acquittal based on sufficiency of the evidence. He also argues the district court erred in denying his motion for new trial based upon the "weight of the evidence" standard. We affirm.
I. Background Facts and Proceedings.
Tracy Fuller and Eric Demaris have known each other since April 1999. On July 30, 2002, Fuller and Demaris were living together with their son in an apartment, when an argument ensued between them. Fuller then left the apartment. Upon her return, the argument continued and escalated. At that point, Demaris pulled Fuller from a chair where she was sitting, slapped her across the face, and then let her go causing her to fall to the floor. Moments later, she went to a downstairs apartment, where she telephoned the police. She remained in that apartment until the police arrived. Officer Dan Mason was the first to speak with Fuller. He described her as having been excited and shaking, and he noted redness on the left side of her face. An abuse investigator for the Iowa Department of Human Services also observed and noted a red area on the left side of her face.
II. Sufficiency of the Evidence.
We review challenges to the sufficiency of the evidence for errors at law. Iowa R. App. P. 6.4; State v. Rohm, 609 N.W.2d 504, 509 (Iowa 2000). "A district court's finding of guilt is binding upon us unless we find there was not substantial evidence in the record to support such a finding." State v. Abbas, 561 N.W.2d 72, 74 (Iowa 1997). We give consideration to all of the evidence, not just that supporting the verdict, and view such evidence in the light most favorable to the State. State v. Adney, 639 N.W.2d 246, 250 (Iowa Ct. App. 2001). We will uphold a verdict if substantial evidence supports it. State v. Heard, 636 N.W.2d 227, 229 (Iowa 2001). Evidence is substantial if it would convince a rational fact finder that the defendant is guilty beyond a reasonable doubt. Id.
The State agrees that Demaris properly challenged the sufficiency of the evidence through his motion for judgment of acquittal. However, the State argues Demaris did not preserve error on his "weight of the evidence" issue as elicited in State v. Ellis, 578 N.W.2d 655 (Iowa 1998). We agree. A review of the record clearly indicates Demaris did not file a motion for new trial. Notwithstanding this fact, we conclude the evidence in this case is overwhelming and is supported under either the sufficiency of the evidence or the "weight of the evidence" standard.