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State v. Smith

Court of Appeal of Iowa

October 2, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
JAMES PAUL SMITH, Defendant-Appellant.

Appeal from the Iowa District Court for Davis County, Myron L. Gookin, Judge.

Defendant appeals the judgments and sentences entered by the district court following his guilty pleas.

Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.

James Smith, Fort Dodge, pro se.

Thomas J. Miller, Attorney General, Katie A.H. Fiala, Assistant Attorney General, and Rick L. Lynch, County Attorney, for appellee.

Considered by Vogel, P.J., and Danilson and Tabor, JJ.

DANILSON, J.

James Paul Smith appeals from the judgments and sentences entered by the district court in six separate proceedings following his guilty pleas on October 3, 2012.[1] On appeal, he maintains the court imposed an illegal sentence by levying improper surcharges against him and by sentencing him to serve both jail and prison sentences. He also maintains that he received ineffective assistance from counsel. Specifically, he argues counsel failed to advise him his sentences could run consecutively, rather than concurrently, and this failure rendered his plea unknowing and involuntary. We agree Smith should not have been sentenced to the county jail and the surcharge was only appropriate on his theft conviction. We preserve his claim of ineffective assistance of counsel. Accordingly, we affirm in part, reverse in part, and remand with directions.

I. Background Facts and Proceedings.

On March 21, 2012, in case number AGIN098883 the State filed a trial information charging Smith with theft in the third degree. On the same day, the State filed a trial information in case number AGIN098889 charging him with three counts of harassment in the first degree, assault on a peace officer, two counts of interference with official acts, and public intoxication, second offense. Smith pled not guilty to all charges and waived his rights to speedy trial. Ultimately, Smith pled guilty to the theft charge and two counts of harassment in the first degree.

On June 27, 2012, the State filed a trial information in case number AGIN098909 charging Smith with operating a motor vehicle while barred and theft in the fourth degree. Smith again pled not guilty to the charges and waived his right to a speedy trial. Smith later entered a plea of guilty to the driving while barred offense.

On July 11, 2012, the State filed a trial information in case number AGIN098914 charging Smith with harassment in the first degree. Smith pled not guilty and waived his right to a speedy trial. Subsequently, Smith pled guilty to an amended charge of harassment in the second degree.

On August 22, 2012, the State filed a trial information in case number SRIN098927 charging Smith with assault causing bodily injury. He pled not guilty and waived his right to a speedy trial. Smith entered a plea of guilty to the charge on a later date.

Notwithstanding all his pending charges, Smith apparently was able to post bond or secure his release—only to again face new charges. On October 3, 2012, the State filed a trial information in case number AGIN098941 charging Smith with eluding or attempting to elude a law enforcement vehicle and operating a ...


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