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Garcia v. State

Court of Appeal of Iowa

May 30, 2013

IVAN DAGOBERTO GARCIA, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee. STATE OF IOWA, Plaintiff-Appellee,
v.
IVAN DAGOBERTO GARCIA, Defendant-Appellant.

         Appeal from the Iowa District Court for Johnson County, Douglas S. Russell, Judge.

         Appeal from the denial of an application to correct illegal sentence and dismissal of an application for postconviction relief.

          Jerald Kinnamon and Jon Kinnamon of Kinnamon, Kinnamon, Russo, Meyer, Keegan & Farnsworth, Cedar Rapids, for appellant.

          Thomas J. Miller, Attorney General, Benjamin Parrott, Assistant Attorney General, Janet M. Lyness, County Attorney, and Susan Nehring, Assistant County Attorney, for appellee State.

          Considered by Eisenhauer, C.J., and Danilson and Bower, JJ.

          EISENHAUER, C.J.

         Ivan Garcia appeals from the district court's denial of his application to correct illegal sentence and dismissal of his application for postconviction relief. He contends his application to correct illegal sentence should be reinstated in light of the constitutional guarantee of due process and prohibition against ex post facto application of new law. He contends his postconviction relief action should be reinstated so he can establish the trial court affirmatively misinformed him concerning his sentence. We affirm.

         I. Background Facts and Proceedings.

         In 1999 Garcia was charged with third-degree sexual abuse. In August 2001, pursuant to a plea agreement, Garcia pleaded guilty to assault with intent to commit sexual abuse and was sentenced to serve thirty days in jail, ordered to participate in sex offender treatment, and placed on probation for two years. He also was advised he was required to register as a sex offender. The court stated the "obligation to register as a sex offender continues for a period of ten years from release on probation." The sentencing order also provided, "This obligation to register as a sex offender continues for a period of ten (10) years." Garcia did not appeal. Sometime later he learned the registration requirement was for life.

         Garcia served his jail time, completed the sex offender treatment, registered as a sex offender, and successfully completed his probation. He was discharged from probation in August 2003. In October 2011 Garcia filed his application to correct illegal sentence, contending the ten-year registration period had expired and extending his registration period for life violated the explicit terms of the sentencing order. He also contended changing the registration requirement after his sentencing violated constitutional due process and ex post facto provisions. Also in October 2011, Garcia filed an application for postconviction relief, alleging any extension in his registration term meant he was misinformed by the court of the consequences of his guilty plea, and the State was being permitted to modify the sentencing order and "impose adverse consequences beyond that provided in the resolution of the criminal case."

         The trial court considered both applications in a combined hearing in December 2011. In February 2012 the court granted the State's motion to dismiss Garcia's postconviction relief application and denied his application to correct an illegal sentence. Garcia filed applications to reconsider and for enlarged or amended findings, conclusions, and a substituted judgment. The trial court denied Garcia's applications. Garcia appeals.

         II. Scope and Standards of Review.

         We review sentences for correction of errors at law. Iowa R. App. P. 6.907. An illegal sentence may be corrected at any time. Iowa R. Crim. P. 2.24(5). Postconviction relief proceedings are civil actions reviewable for correction of errors at law. Goosman v. State, 764 N.W.2d 539, 541 (Iowa 2009). To the extent Garcia raises ...


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