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[T] State v. Reed1/15/2003
the scene of a personal injury collision, but incorrectly states this is an aggravated misdemeanor. At the sentencing hearing, the court stated, "He also plead guilty to leaving the scene of an accident--a personal injury accident, which is an aggravated misdemeanor." Reed received a term of imprisonment not to exceed two years and a fine of $2500, which is commensurate with an aggravated misdemeanor. See Iowa Code § 903.1(2). Under section 903.1(1)(b), for a serious misdemeanor, the maximum sentence is a term of imprisonment not to exceed one year and a fine of $500.
On appeal, Reed claims he received an illegal sentence because the crime he pled guilty to, leaving the scene of a personal injury accident, is a serious misdemeanor under section 321.261(2), not an aggravated misdemeanor. We agree. Reed received an excessive sentence for the crime to which he pled guilty. We reverse Reed's sentence on the charge of leaving the scene of a personal injury accident and remand for resentencing on this serious misdemeanor offense. See State v. Hess, 533 N.W.2d 525, 527-28 (Iowa 1995).
VII. Ineffective Assistance
Reed asserts he received ineffective assistance because his trial counsel did not object to the jury instructions. He claims the instructions should have more fully defined "recklessness." He also claims there should have been a separate instruction on proximate cause.
Our review of an allegation of ineffective assistance of counsel is de novo. State v. Bergmann, 600 N.W.2d 311, 313 (Iowa 1999). To establish a claim of ineffective assistance of counsel, a defendant must show (1) the attorney failed to perform an essential duty, and (2) prejudice resulted to the extent it denied defendant a fair trial. State v. Ceaser, 585 N.W.2d 192, 195 (Iowa 1998).
The instruction on recklessness follows the Iowa Criminal Jury Instructions on recklessness. We are reluctant to disapprove uniform instructions. State v. Johnson, 534 N.W.2d 118, 127 (Iowa Ct. App. 1995). We find defense counsel did not breach an essential duty by failing to request a different instruction. In considering the instruction on proximate cause, we consider all of the instructions together, not piecemeal or in artificial isolation. See State v. Simpson, 528 N.W.2d 627, 632 (Iowa 1995). We conclude the instructions, taken as a whole, adequately explain the concept of proximate cause.
We affirm Reed's convictions. We reverse his sentence for leaving the scene of a personal injury accident and remand for resentencing on that charge.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.
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