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Eric Stannard v. State of Iowa

IN THE COURT OF APPEALS OF IOWA


January 9, 2013

ERIC STANNARD, APPLICANT-APPELLANT,
v.
STATE OF IOWA, RESPONDENT-APPELLEE.

Appeal from the Iowa District Court for Johnson County, Robert E. Sosalla, Judge.

The opinion of the court was delivered by: Mullins, J.

Eric Stannard appeals the denial of his application for post-conviction relief. AFFIRMED.

Considered by Doyle, P.J., and Mullins and Bower, JJ.

Eric Stannard appeals the denial of his application for post-conviction relief (PCR). In his PCR application, he alleged, among other things, that his trial counsel was ineffective in failing to ensure his plea was knowing, voluntary, and intelligent. After a hearing, the district court rejected his claims and dismissed his application. Stannard appeals asserting only that his PCR counsel was ineffective in failing to offer medical expert testimony that his medical condition and medication affected his ability to knowingly, voluntarily, and intelligently enter a guilty plea. As the record on this appeal is inadequate to address Stannard's claim, it is preserved for possible future post-conviction-relief proceedings. See State v. Johnson, 784 N.W.2d 192, 198 (Iowa 2010) (holding if a claim of ineffective assistance of counsel cannot be addressed on appeal because of an inadequate record, the court must preserve it for post-conviction-relief proceedings even if it is raised in a general or conclusory manner). The district court's dismissal of Stannard's application is otherwise affirmed without opinion. See Iowa R. App. P. 6.1203(a), (d).

AFFIRMED.

20130109

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