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State v. Sanders11/23/2005
Willard Richard Sanders III appeals from his conviction and sentence for leaving the scene of an accident resulting in injury or death. AFFIRMED.
Considered by Huitink, P.J., and Mahan and Hecht, JJ.
Willard Richard Sanders appeals from his conviction and sentence for leaving the scene of an accident resulting in injury or death in violation of Iowa Code sections 321.261(1), 321.261(3) and 321.263 (2003).
I. Background Fact and Proceedings
Robert Shattuck died of injuries he sustained when struck by a car as he walked on or alongside Highway 30 in rural Tama County. Jennifer Giebel, a passing motorist, found Shattuck lying on or near Highway 30. She would later testify she saw a maroon and white car swerve to miss something on the highway at or near the place where she found Shattuck. The car did not stop after Giebel saw it swerve. From the debris found at the scene of the accident, investigators determined Shattuck was struck by a Ford LTD manufactured between 1979 and 1982. Public records indicated that Sanders owned a car matching that description. State Trooper Michael Schwen found a 1979 Ford LTD with a white top and a missing front turn signal lamp at Sanders's Cedar Rapids residence. The debris found at the accident scene matched the missing turn signal lens. After making this discovery, Officer Schwen confronted Sanders with this evidence while at Sanders's residence, and Sanders was escorted to Schwen's patrol car for an interview.
According to Schwen's testimonial version of the ensuing conversation, he read Sanders a Miranda advisory before asking him about the accident. When Schwen asked Sanders about the broken lens, Sanders responded by indicating that he thought he needed an attorney. Schwen stopped the interview and took Sanders to Schwen's nearby office. Schwen's testimonial version also indicates that he read Sanders another Miranda advisory upon arrival at Schwen's office and Sanders signed a "waiver of the Miranda," acknowledging his willingness to answer Schwen's questions. Before continuing with the interview, Sanders called his wife and his father. According to Schwen's testimony, he overheard Sanders tell one or both of them "that the night before he had struck an object or person on Highway 30."
Sanders was subsequently charged with leaving the scene of an accident resulting in personal injury or death. At Sanders's bench trial, the State called several motorists who testified that they saw a man walking on Highway 30 near the accident scene on the night Shattuck was killed. One or more of them testified they had to swerve to avoid hitting Shattuck. A deputy state medical examiner testified Shattuck's injuries could be traced to the damage to the bumper and hood of Sanders's car. Sanders testified that he was not speeding and that he knew he hit something but did not know whether the object was an animal or a person. Sanders claims he was scared and as a result continued on his way to Cedar Rapids without stopping. He also claimed he could not have swerved to avoid hitting the object because a car was approaching in the opposite lane.
The trial judge found Sanders guilty as charged. Sanders was thereafter sentenced to a suspended two-year term of incarceration, subject to his placement for 365 days at the Fort Des Moines Correctional Facility. Sanders was also fined $1,000 and placed on probation for two years.
On appeal Sanders challenges the sufficiency of the evidence supporting his conviction. He also claims he was denied effective assistance of trial counsel.
II. Subject Matter Jurisdiction
We initially reject the State's claim that we lack subject
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