This decision has been referenced in a "Decisions Without Published Opinions" table in the North Western Reporter.
Appeal from the Iowa District Court for Scott County, Mark J. Smith (guilty plea) and Paul L. Macek (sentencing), Judges. Tammie Speights appeals from a judgment and sentence following her plea of guilty to possession with intent to deliver.
G. Brian Weiler, Davenport, for appellant.
Thomas J. Miller, Attorney General, Tyler J. Buller, Assistant Attorney General, Michael J. Walton, County Attorney, and Kelly Cunningham and Steven A. Berger, Assistant County Attorneys, for appellee.
Considered by Potterfield, P.J., and Doyle and Bower, JJ.
Tammie Speights appeals from the judgment and sentence entered following her plea of guilty to possession with intent to deliver ten grams or less of crack cocaine, raising several claims of ineffective assistance of counsel relating to her guilty plea and sentencing proceedings. Upon our review, we affirm Speights's conviction. Because the sentencing court considered the proper factors and did not consider any improper factors such as uncharged or unproven conduct in sentencing Speights, we conclude her claim of ineffective assistance as to that issue fails. We preserve for a possible postconviction relief proceeding Speights's claim of ineffective assistance relating to her entry of a guilty plea without being fully informed of the charge's mandatory minimum sentence.
I. Prior Proceedings
In 2012, Tammie Speights pled guilty to possession with intent to deliver ten grams or less of crack cocaine. Speights does not challenge the factual basis of her plea. The district court sentenced Speights to serve an indeterminate ten-year term of incarceration, with a one-third mandatory minimum pursuant to Iowa Code section 124.413 (2011). Speights appeals. Additional facts relevant to the claims Speights raises on appeal will be set forth below.
II. Guilty Plea
Speights contends her trial counsel was ineffective in allowing the district court to accept her guilty plea without fully informing her of the mandatory minimum sentence. Speights also claims her trial counsel was ineffective in failing to file a motion in arrest of judgment to challenge the adequacy of her guilty plea.
We review claims of ineffective assistance of counsel de novo. See State v. Finney, 834 N.W.2d 46, 49 (Iowa 2013). To prevail, Speights must show (1) counsel breached an essential duty and (2) prejudice resulted. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The claim fails if either element is lacking. Anfinson v. State, 758 N.W.2d 496, 499 (Iowa 2008).
Generally, we do not resolve claims of ineffective assistance of counsel on direct appeal. State v. Clay, 824 N.W.2d 488, 494 (Iowa 2012). If we determine the claim cannot be addressed on appeal, we must preserve it for a postconviction relief proceeding, regardless of our view of the ...