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State v. Seagren

Court of Appeal of Iowa

May 30, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
MATTHEW EDWARD SEAGREN, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.

         Matthew Seagren appeals the sentence following his guilty plea to possession of a controlled substance, third offense, and possession of a controlled substance, second offense.

          Donna Ruth Beary, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, Sharon Hall, Assistant Attorney General, John Sarcone, County Attorney, and Andrea Petrovich, Assistant County Attorney, for appellee.

          Considered by Eisenhauer, C.J., and Potterfield and Tabor, JJ.

          TABOR, J.

         Matthew Seagren appeals the sentence following his guilty plea to the aggravated misdemeanors of third-offense possession of marijuana and second-offense possession of Alprazolam without a prescription. Seagren argues his trial counsel provided ineffective assistance in allowing him to waive use of a presentence investigation (PSI) report. Because the district court imposed the sentence bargained for by the parties, Seagren is unable to show he was prejudiced by the PSI waiver.

         I. Background Facts and Proceedings

         The minutes of testimony establish the following facts.

         On July 28, 2011, Detective Daniel Jansen visited Matthew Seagren's West Des Moines residence. Unaware Detective Jansen was an undercover officer, Seagren sold him marijuana.

         On October 6, 2011, Detective Jansen returned to Seagren's residence with Detective Michael Colby. The detectives told Seagren their investigation revealed he was selling marijuana and prescription pills. Seagren agreed to cooperate and consented to a search of his room. Before Detectives Jansen and Colby entered the residence, Seagren admitted he had marijuana, Xanax, a Ruger .45 handgun, and a Ruger Mini 14 rifle. The detectives collected both firearms, ten Alprazolam pills, a digital scale, drug paraphernalia, and marijuana. Seagren admitted he sold marijuana to numerous individuals.

          During a phone call four days later, Seagren told Detective Colby he wished to continue cooperating with law enforcement. But by the end of February 2012, Seagren stopped communicating with Detective Colby.

         In March 2012, police arrested Seagren for unlawful possession of prescription pills and public intoxication. Later that month, Seagren awoke one night to find his girlfriend had stopped breathing. Seagren called 911, and she was taken to a hospital, but ultimately died from an overdose.

         On May 8, 2012, the State filed a trial information charging Seagren with three counts: (1) third-offense possession of marijuana, in violation of section 124.401(5) (2011); (2) third-offense possession of Alprazolam, in violation of section 124.401(5); and ...


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