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State v. Spence

Supreme Court of Iowa

August 29, 1979

STATE of Iowa, Appellee,
v.
Richard W. SPENCE, Appellant.

Robert L. Sikma, Sioux City, for appellant.

Thomas J. Miller, Atty. Gen., Richard Cleland, Asst. Atty. Gen., and David Gill, Asst. County Atty., for appellee.

Considered by LeGRAND, P. J., and REES, HARRIS, ALLBEE, and McGIVERIN, JJ.

HARRIS, Justice.

Pursuant to plea bargain the defendant entered guilty pleas to the crimes of rape (in violation of section 698.1, The Code 1975), assault with intent to commit rape (in violation of section 698.4, The Code 1975), and kidnaping (in violation of section 706.1, The Code 1975). After sentence he brought this appeal claiming (1) his guilty pleas were unknowing and involuntary, (2) he should have had access to a supplemental presentence investigation report, and (3) the sentence imposed was an abuse of discretion. We affirm the trial court.

The three charges resulted from two incidents. The charges of assault with intent to commit rape and kidnaping arose in connection with a November 30, 1976, incident involving a Sioux City woman. The rape charge arose as the result of a March 26, 1977, incident with another woman.

I. A number of pretrial maneuvers by defendant resulted in adverse rulings before the guilty pleas were entered. On appeal the defendant makes the argument

Page 132

that we should add another item to the requirements under State v. Sisco, 169 N.W.2d 542, 547-48 (Iowa 1969). He suggests that his guilty pleas were unknowing and involuntary because the trial court did not advise him that his pleas would end his right to contest the adverse pretrial rulings.

The defendant received adverse rulings in connection with a challenge to the validity of a search warrant issued on the day the informations were filed, a forfeiture proceeding involving a jacket and sweater allegedly worn by the defendant on the day of the assault, a demurrer which challenged the criminal statutes on the basis of equal protection, the production of exculpatory evidence regarding an unrelated reported rape, and a motion for change of venue. These rulings were entered by an associate district judge, by district court judges, and by this court. See State v. Spence, 267 N.W.2d 412 (Iowa 1978) (unreported).

Pursuant to the plea bargain defendant entered his guilty pleas on April 17, 1978. He contends that at the time he was unaware that by pleading guilty he would be permitted no further opportunity to contest the pretrial rulings on his prior motions. He points out that the trial court did not inform him that the pleas would preclude any further dispute on the questions.

In State v. Reaves, 254 N.W.2d 488 (Iowa 1977), we set up a two-part requirement for preserving claims relating to the adequacy of guilty plea proceedings. We said:

In any appeal taken after the filing of this opinion an accused challenging the adequacy of his guilty plea proceeding must:

A. first present such claim to the trial court in a motion in arrest of judgment under chapter 788, The Code.

B. hereafter claim to have been unaware, as well as not advised, of the claimed omission.

254 N.W.2d at 493. (Footnote omitted.)

The guilty plea hearing in this case was undertaken after the date of the filing of our opinion in Reaves. Prior to accepting the guilty pleas in each of the three cases, the trial court informed Spence and his attorneys of the Reaves requirements.

Although the guilty pleas hearing was held on April 17, 1978, after the effective date of the 1977 Supp., Spence had until 90 days after judgment was entered against him on June 5, 1978, in which to file the motion in arrest of judgment required by Reaves. The crimes were alleged to have occurred prior to the effective date of the 1978 criminal code. Under section 801.5(1), The Code 1979, prior law remained in effect. (No request for ...


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