The Iowa Supreme Court will not be reviewing the case of a Clinton man sentenced to up to 10 years in prison in connection with a stabbing that occurred in the fall of 2010.
Brandon Zmuda, 24, was sentenced to up to 10 years in prison last year after a Clinton County jury found him guilty of willful injury causing serious injury.
He must serve a mandatory minimum of five years on the sentence because it is a forcible felony in which he used a dangerous weapon.
Zmuda was also sentenced to up to two years in prison on a charge of assault with intent to inflict serious injury. The sentences will be served concurrently.
The convictions stem from a Sept. 9, 2010 fight in which David Specht was stabbed nine times as the two fought immediately after Zmuda and his father heard Specht break out a window on Zmuda’s Blazer around 3:30 a.m. Specht sought to damage the vehicle in retaliation for a broken window at his girlfriend’s home just a few blocks away, court documents state.
Zmuda has been serving his sentences at the Newton Correctional Facility and his tentative discharge date is March 27, 2015. Zmuda appealed his sentence, claiming that he should not have been sentenced on two separate charges because they were the result of a single act. The Iowa Court of Appeals denied Zmuda’s appeal on Feb. 15.