Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.
The opinion of the court was delivered by: Mullins, J.
A defendant appeals her conviction claiming counsel was ineffective in failing to file a motion to suppress. AFFIRMED.
Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.
Vilaychith Khouanmany appeals following her guilty plea to possession of a controlled substance with intent to deliver as a second or subsequent offender, in violation of Iowa Code section 124.401(1)(d) (2011). On appeal she claims her attorney rendered ineffective assistance by failing to file a motion to suppress the evidence obtained following a stop of her vehicle.
Police received a tip of a strong smell of marijuana emanating from a room at a local hotel. Police responded to the hotel room and smelled fresh marijuana from outside the door and from the two rooms on either side. When the police knocked on the door, they received no response. The officers kept the room under surveillance, and less than five minutes after knocking on the door, officers saw two women running from the room. Khouanmany, one of those women, proceeded to a vehicle with a suitcase and attempted to drive away. However, police intervened and prevented her from leaving the parking lot. They removed her from the car and again smelled fresh marijuana. When they searched the vehicle, they found a large quantity of marijuana in the suitcase, and after obtaining a search warrant and searching the hotel room, they also found marijuana in the toilet.
Khouanmany was charged with, among other things, possession of a controlled substance with the intent to deliver as a second or subsequent offender. At the plea hearing defense counsel stated to the court:
One other just housekeeping matter for the record, Judge, before we go forward. Today is the date set for the 40th day to file motions in this particular matter, and I did want to just make record that we had-I had talked with my client about filing a motion to suppress in this case. We had discussed that. It's my understanding my client also understands that we are not going to file that. I do have it prepared today, but we are not going to file that as we are entering the plea on, well, today.
Later during the plea colloquy with Khouanmany, the court asked:
Ms. Khouanmany, are you fully satisfied with the advice and services you have received from your attorney?
The Court: Is there anything you have asked of [defense counsel] or others in his office to do for you that they have not done to your satisfaction?
The Defendant: Oh, he's done everything for me.
The Court: Now, he has mentioned that today is the day- deadline for him to file a motion to suppress, which would seek the exclusion of some part or all of the evidence that the ...