IN THE COURT OF APPEALS OF IOWA
No. 9-837 / 08-1832
Filed November 25, 2009
STATE OF IOWA,
CHRISTOPHER RYAN AUCH,
Appeal from the Iowa District Court for Warren County, Paul R. Huscher,
Christopher Auch appeals his sentence for the convictions of willful injury
causing bodily injury and domestic abuse assault while using a dangerous
Mark C. Smith, State Appellate Defender, and Robert P. Ranschau,
Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney
General, Bryan Tingle, County Attorney, and Tracie L. Sehnert and Brent
Hinders, Assistant County Attorneys, for appellee.
Considered by Vogel, P.J., and Doyle and Mansfield, JJ.
Christopher Auch appeals from the sentence imposed following his
convictions for willful injury causing bodily injury and domestic abuse assault
while using a dangerous weapon. He argues his trial counsel was ineffective for
failing to object to victim impact statements submitted by the victim’s mother and
stepfather. Auch and the State agree the statements should not have been
admitted into evidence. The sole issue on appeal is whether Auch was
prejudiced by the admission of the statements. We find that because there is no
indication the district court relied on the statements and the statements provided
little additional information, Auch cannot show he was prejudiced. Thus, we
I. Background Facts and Proceedings.
On April 16, 2008, after he had been drinking, Auch attacked his ex-
girlfriend with a knife.1 As a result of the attack, Auch’s victim was transported to
the emergency room where doctors discovered she had six knife wounds and
was hypotensive. Auch’s victim was given a blood transfusion, her wounds were
closed, and she was hospitalized for several days. Following a jury t