State of Iowa v. Noel Jermaine Bender

VAITHESWARAN, Judge.

The State charged Noel Bender with domestic abuse assault, third or subsequent offense, as an habitual offender. See Iowa Code §§ 708 .2A(1), 708.2A(4), 902.8, 902.9 (2015). A jury found him guilty, but this court reversed his judgment and sentence and remanded for a new trial. See State v. Bender , No. 15-1595, 2016 WL 6396227 , at *3 (Iowa Ct. App. Oct. 26, 2016). On remand, Bender waived his right to a jury trial. Following a bench trial, the district court found Bender guilty and imposed judgment and sentence.

On appeal, Bender challenges the sufficiency of the evidence…