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State v. Carr

Court of Appeals of Iowa

February 19, 2014

STATE OF IOWA, Plaintiff-Appellee,
v.
JACK RAYMOND CARR, Defendant-Appellant

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, Gregory D. Brandt, District Associate Judge. Jack Carr appeals from the judgment and sentence entered following his guilty pleas to two charges of driving while barred.

John Audlehelm of Audlehelm Law Office, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, John P. Sarcone, County Attorney, and Anastasia A. Baker, Assistant County Attorney, for appellee.

Considered by Potterfield, P.J., and Doyle and Bower, JJ.

OPINION

DOYLE, J.

Jack Carr appeals from the judgment and sentence entered following his guilty pleas to two aggravated misdemeanor charges of driving while barred as a habitual offender, raising several claims of ineffective assistance of counsel relating to his guilty plea and sentencing proceedings. Upon our review, we affirm Carr's conviction and preserve for a possible postconviction relief proceeding on his claims of ineffective assistance relating to counsel's failure to raise alleged deficiencies of his written pleas.

I. Prior Proceedings

Jack Carr was charged with two aggravated misdemeanor offenses of driving while barred as a habitual offender, in violation of Iowa Code section 321.561 (2011). On October 26, 2012, Carr entered written guilty pleas to both offenses. He wrote, " I operated a motor vehicle on 6/6/12 in Polk County, IA while my license was barred," and " I operated a motor vehicle on 6/14/12 in Polk County, IA while my license was barred," respectively. A plea hearing was held, but it was not reported because Carr waived this right in writing. At the hearing, the district court accepted Carr's pleas.

That same day, the district court entered a form " jail order" sentencing Carr to a 120-day term of incarceration in both cases, sentences to run concurrently. The court suspended the $625 fines imposed on each case. The jail order stated, " The Court has determined that this sentence will provide reasonable protection for the public. Probation is denied because it is unwarranted." [1] Again, the hearing was not reported because Carr waived this right in writing.

Carr filed a letter seeking the district court's reconsideration of his sentence and requesting he be allowed to have an ankle monitor. The court treated the letter as a motion to reconsider his sentence, and denied it, stating: " Since this sentence was imposed as a result of plea negotiations the court will not further modify the sentence."

Carr now appeals the judgment and sentence entered upon ...


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