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Baker v. State

Court of Appeal of Iowa

December 18, 2013

JEFFERY ALLEN GERARD BAKER, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

Appeal from the Iowa District Court for Bremer County, Christopher C. Foy, Judge.

Applicant appeals the district court's denial of his application for postconviction relief.

Philip Mears of Mears Law Office, Iowa City, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, and Kasey E. Wadding, Bremer County Attorney, for appellee State.

Considered by Vogel, P.J., and Mullins and McDonald, JJ.

DONALD, J.

Jeffery Baker appeals the district court's denial of his application for postconviction relief. Baker contends that his trial counsel did not provide effective assistance of counsel in two respects. First, trial counsel failed to move for a change of venue. Second, trial counsel advised Baker not to testify at his underlying criminal trial.

I.

Following a jury trial, Baker was convicted of kidnapping in the first degree, in violation of Iowa Code sections 710.2 and 710.1(3) (1997), robbery in the second degree, in violation of Iowa Code sections 711.1 and 711.3, and operating a motor vehicle without the consent of the owner, in violation of Iowa Code section 714.7. Baker was sentenced to incarceration for life without the possibility of parole. Baker appealed his conviction and sentence.

On direct appeal, we set forth the facts and circumstances of the offenses:

In the early evening hours of July 20, 1998, Baker began drinking several glasses of beer at the Janesville Tap. He left the bar at about 8:00 p.m., but returned between 9:00 and 9:30 p.m. By the early morning hours of July 21, only Baker and the victim, Shareen, who was working as the bartender, remained.
Shareen began playing a video game. Baker approached her, touched her on the shoulder for a couple seconds, then kissed her shoulder, and asked if she wanted to have sex. She declined. Baker then wrapped his left hand around her neck, choked her, and asked if she wanted to die. He then forced her to the floor, placed himself on top of her, and again asked if she wanted to have sex. This time, she said yes. They then stood up, and Baker ordered her to get the money from the bar. She complied and he took the money. He then told her to get her car keys.
Shareen drove the car down streets and roads as ordered by Baker. At one point, Baker placed her hand on his exposed penis. They eventually arrived at a rock quarry, where Baker forced her to engage in oral sex and vaginal intercourse. Shareen escaped when they stopped at a convenience store.

State v. Baker, No. 99-0950, 2000 WL 1027290, at *1 (Iowa Ct. App. July 26, 2000). In the direct appeal, we rejected Baker's argument that he was entitled to a new trial due to juror misconduct, but we preserved for postconviction ...


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