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Siemer v. State

Court of Appeals of Iowa

December 5, 2013

RICHARD SIEMER, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.

Richard Siemer appeals from the denial of his postconviction relief application.

Mark C. Smith, State Appellate Defender, and Rachel C. Regenold, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, Matthew D. Wilber, County Attorney, and Maggie Popp Reyes, Assistant County Attorney, for appellee.

Considered by Vaitheswaran, P.J., Doyle, J., and Miller, S.J. [*]

MILLER, S.J.

Richard Siemer appeals from the denial of his postconviction relief (PCR) application. He contends his right to effective representation was denied when he pleaded guilty to criminal mischief in the second degree without a factual basis.

After reviewing the record before the district court at the time of the plea hearing, we find that record sets forth facts that support the offense. We therefore affirm.

I. Background Facts and Proceedings.

Siemer was facing several charges when he entered a guilty plea in July 2011. The original complaint, filed in May 2011, charged Siemer with criminal mischief in the third degree for his act of throwing an air compressor and air compressor gun at a vehicle, causing damage to its front quarter panel and rear taillight. The charge was later amended to criminal mischief in the second degree. Siemer also faced charges of sexual abuse in the third degree and assault with intent to commit sexual abuse. Because Siemer had already been convicted of a sex offense, both of the latter charges included a sexual predator sentencing enhancement pursuant to Iowa Code section 901A.2(3) (2011). Siemer pled guilty to all three charges in exchange for the State not pursuing the sentencing enhancement.

After entering his guilty pleas, Siemer proceeded to immediate sentencing, thereby waiving his right to file a motion in arrest of judgment. He did not directly appeal any of his convictions.

On April 9, 2013, Siemer filed a PCR application, alleging he received ineffective assistance of counsel because there was no factual basis for his guilty plea to criminal mischief. The district court dismissed the application on December 10, 2012, after a hearing.

II. Standard of Review.

We review the denial of PCR for errors at law. Everett v. State, 789 N.W.2d 151, 155 (Iowa 2010). But where, as here, an applicant alleges constitutional ...


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