from the Iowa District Court for Polk County, Jeanie K.
appeals the district court decision denying his request for
postconviction relief from his convictions for third-degree
burglary and third-degree theft. AFFIRMED.
D. Lubinus of Lubinus Law Firm, P.L.L.C., Des Moines, for
J. Miller, Attorney General, and Darrel L. Mullins, Assistant
Attorney General, for appellee.
Considered by Mullins, P.J., Bower, J., and Goodhue, S.J.
J., takes no part.
Ciric appeals the district court decision denying his request
for postconviction relief from his convictions for
third-degree burglary and third-degree theft. We find the
district court properly denied Ciric's request to find
the State in default in the postconviction action.
Additionally, Ciric has not shown he received ineffective
assistance based on his claims defense counsel should have
(1) conducted depositions in a more timely manner, (2) filed
a motion to dismiss on the ground the trial information was
defective, and (3) filed a motion to dismiss on speedy trial
grounds. We affirm the decision of the district court.
Background Facts & Proceedings
March 5, 2013, a preliminary complaint was filed alleging
Ciric had committed third-degree burglary, possessed a
controlled substance, and possessed burglar's tools. A
trial information was filed on April 3, 2013, charging Ciric
with burglary in the third degree, possession of
burglar's tools, and theft in the second degree. The
trial information in the court file was signed by a judge.
The minutes of testimony were filed at the same time as the
filed a pro se motion to dismiss, claiming the trial
information was improper because the copy he received did not
include a judge's signature. The district court denied
the motion, finding the motion to dismiss was without merit.
counsel filed a motion to produce and gave notice of the
intent to conduct depositions. The case was scheduled for
trial on June 24, but defense counsel asked for a continuance
in order to conduct depositions. The court granted the
continuance and rescheduled trial for June 26. The
depositions were conducted on June 25.
process of selecting a jury commenced as scheduled on June
26. On June 27, prior to the beginning of the trial, Ciric
agreed to plead guilty to third-degree burglary, in violation
of Iowa Code section 713.6A(1) (2013), and third-degree
theft, in violation of section 714.2(2). The State agreed to
dismiss the charge of possession of burglar's tools and
not to file additional charges against him. Ciric was
sentenced to terms not to exceed five years and two years, to
be served consecutively. Ciric's convictions were
affirmed on appeal. State v. Ciric, No. 13-1110,
2014 WL 5243344, at *2 (Iowa Ct. App. Oct. 15, 2014).
December 26, 2014, Ciric filed an application for
postconviction relief, alleging he received ineffective
assistance because defense counsel did not (1) file a motion
to dismiss on the ground the trial information was defective;
(2) file a motion to dismiss on the ground his right to a
speedy trial was violated; and (3) timely depose witnesses.
27, 2015, Ciric filed a motion claiming the State was in
default because it had not filed a motion or answer to his
application for postconviction relief within a reasonable
time. The State filed an answer on August 11, 2015. The court
entered an order stating the motion for default would be
considered at the time of the postconviction hearing. During