MASON CITY – On Monday, February 13th, 38-year-old David Alberto Muniz was sentenced to serve up to five years in prison by District Court Judge, Christopher C. Foy on one Class D felony count of 3rd or subsequent offense domestic abuse assault.
The charge stemmed from an incident investigated by Mason City Police Department in May of 2011 in which Muniz was accused of forcefully entering the victim’s home to assault her.
Court records show a 1st degree burglary charge in the incident was dismissed. Muniz had entered a voluntary negotiated guilty plea to the domestic abuse assault charge on January 9th, and was ordered to jail pending sentencing that day.
In addition to the jail sentence Judge Foy ordered Muniz to pay $1144.67 restitution to the victim, $180 in reimbursement to the state for indigent defense, and $317 in court and sheriff fees.
Iowa has special sentencing guidelines in 3rd or subsequent offense domestic abuse assault convictions which do not allow a person convicted not to serve less than one year in prison or be eligible for parole for the like amount of time.
Court records show Muniz was also arrested by Mason City police in 2000 for domestic abuse assault and 1st degree burglary. In that case the burglary charge was also dismissed and he was sentenced to serve four days in jail on the domestic abuse assault conviction.
Court records show Muniz was again arrested by Mason City police in 2005 for 2nd offense domestic assault. In that case Muniz was found guilty in a jury trial and sentenced to 18 months of probation and seven days in jail. Records indicate he however did not complete a mandatory batterers education program until 2011 two month before his next reported domestic abuse assault.
David Muniz is currently listed on the Cerro Gordo County Sheriff’s Inmate Population report as awaiting transport to prison.