DES MOINES – A Clear Lake man who plead guilty last year to a crime which involved threats to a woman and her children has lost an appeal in connection to that case.
Joseph Barnes, age 32, pleaded guilty in 2013 to harassment in the second degree, arising out of a series of telephonic threats he made to a woman to kill the woman’s mom, dad, boyfriend, and minor children and to have sex with the woman’s minor children. A Cerro Gordo county judge, Karen Salic, sentenced Barnes to seven days in jail and imposed a fine of $315.00. The court also entered a sentencing no contact order prohibiting Barnes from having contact with the woman and her two minor children.
On appeal, Barnes contended (1) the district court abused its discretion in imposing sentence, and (2) the sentencing no contact order is illegal.
The Iowa Court of Appeals upheld Salic’s decision, saying the record “belies Barnes’ argument as it is clear the court relied on the nature of the offense, the plea agreement, and the attorneys’ respective sentencing recommendations—all permissible factors. Regarding the illegal sentencing no contact order, the State concedes the court erroneously checked a box on the order indicating Barnes committed domestic abuse assault, which subjects him to additional collateral consequences,” including loss of the right to own a gun. The appeals court reversed and remanded this matter for entry of a corrected sentencing no contact order.
LOST APPEAL
