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Brown v. State

Court of Appeals of Iowa

February 19, 2014

DENNIS RAY BROWN JR., Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee

Editorial Note:

This opinion is subject to modification or correction by the court and is not final until the time for rehearing or further review has passed.

Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge. Dennis Ray Brown Jr. appeals from a district court judgment denying and dismissing his application for postconviction relief.

Susan Stockdale, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Katie Fiala, Assistant Attorney General, John P. Sarcone, County Attorney, and Stephanie Cox, Assistant County Attorney, for appellee.

Considered by Potterfield, P.J., Bower, J., and Miller, S. J.[*]

OPINION

MILLER, S. J.

Dennis Ray Brown Jr. appeals from the district court judgment denying and dismissing his application for postconviction relief. We affirm.

I. BACKGROUND FACTS AND PROCEEDINGS

As acknowledged in his brief on appeal, the relevant facts regarding Brown's criminal case are set forth in the district court's postconviction ruling as follows:

Brown was originally charged with two drug felonies. Eventually, the charges were amended to one charge of possession with intent to deliver more than five grams of methamphetamine, a class " B" felony, carrying a mandatory twenty-five year term of imprisonment. On the day of his trial, during jury selection, Brown accepted a plea offer from the State and entered a guilty plea to the lesser included " C" felony of possession with intent to deliver methamphetamine. That charge ordinarily carries a maximum potential sentence of ten years imprisonment. But because Brown has prior felony convictions he was subject to sentencing as a habitual offender and, on November 4, 2010, he was sentenced to an indeterminate term of incarceration not to exceed fifteen years.
Brown appealed his conviction to the Iowa Supreme Court but the appeal was dismissed because it was frivolous.
On appeal Brown asserts:
THE POSTCONVICTION COURT ERRED WHEN IT CONCLUDED MR. BROWN'S TRIAL ATTORNEY DID NOT NEED TO HAVE MR. BROWN'S MENTAL HEALTH ...

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