March 7, 2018 - 5:07 pm - Posted in News

Maurice, Iowa — The conviction of a Maurice daycare provider on charges of Felony Child Endangerment Causing Bodily Injury, and Misdemeanor Assault Causing Bodily Injury, has been upheld by the Iowa Court of Appeals.

According to Sioux County Attorney Thomas Kunstle, the case against 34-year old Dianna Marie Winder originated in November, 2015, and involved injuries to a 15-month old in her daycare.

Kunstle says on November 15, 2015, around 5:00 pm, the child’s mother arrived, and it was immediately apparent the child bore concerning marks on his face. Winder suggested an allergy caused the marks. Kunstle says the mother brought her son to a local emergency room where medical professionals were concerned the child was hit, and contacted police and social workers, leading to Winder’s arrest in late December of 2015.

Winder pled not guilty and the case proceeded to a four-day jury trial in November, 2016, after which, the jury returned a guilty verdict on both charges. On February 6, 2017, the District Court sentenced Winder to immediately serve 150 days in the Sioux County Jail with work release and four-years of probation. Winder’s jail sentence had been temporarily suspended pending her appeal, where she argued she received ineffective legal assistance, according to Kunstle.

This Wednesday morning, March 7th, the Court of Appeals ruled that the trial record revealed substantial evidence supporting the jury’s finding of guilt; and because of that, Winder’s claim her attorney was ineffective was denied.

The Appeals Court says that, unless Winder appeals to the Iowa Supreme Court, she must now serve her 150-day sentence.

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