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State v. Allen

Court of Appeal of Iowa

August 7, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
TYESHA ALLEN, Defendant-Appellant.

Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.

A defendant argues that her attorney was ineffective in multiple ways.

Randall McNaughton, Davenport, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Michael J. Walton, County Attorney, and Robert C. Bradfield, Assistant County Attorney, for appellee.

Considered by Eisenhauer, C.J., and Vaitheswaran and Doyle, JJ.

VAITHESWARAN, J.

Tyesha Allen pled guilty to driving while barred as a habitual offender in two separate criminal cases. On direct appeal from her judgments and sentences, Allen argues her trial attorney was ineffective (1) "for failing to file a motion to suppress based on a lack of reasonable suspicion to stop [her] on January 22, 2012, " (2) "in allowing [her] to plead guilty in [one case] without challenging the unconstitutional traffic stop and prosecution in [the other case], " and (3) "in allowing [her] to plead guilty in [both cases] without adequately explaining that a jail sentence was a possible consequence of pleading guilty." We find the record inadequate to address these claims, and we preserve them for postconviction relief. See State v. Carroll, 767 N.W.2d 638, 646 (Iowa 2009).

AFFIRMED.


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