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Farah v. State

Court of Appeals of Iowa

May 17, 2017

SALI DAUD FARAH, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.

         Sali Daud Farah appeals from the denial of his request for postconviction relief. AFFIRMED.

          Scott D. Fisher of Fisher Law Firm P.L.C., West Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee State.

          Considered by Vogel, P.J., McDonald, J., and Goodhue, S.J. [*]

          GOODHUE, Senior Judge.

         Sali Daud Farah appeals from the denial of his request for postconviction relief.

         I. Background Facts and Proceedings

         On February 8, 2013, Farah entered a convenience store and began shouting and cursing at the manager. Farah had blood-shot eyes, smelled of the odor of an alcoholic beverage, and was clearly intoxicated. An off-duty police officer advised Farah his actions could not be tolerated. Farah began to exit the store but did an about face and began yelling at the officer. The officer proceeded to arrest Farah, but Farah resisted, and the ensuing struggle resulted in the officer suffering an injury that required stitches. Farah was charged with interference with official acts causing injury and with assault on a peace officer. He pled guilty to both charges.

         Farah is not a citizen of the United States. After the pleas were entered, the United States government attempted to deport him. Farah filed an application for postconviction relief, stating his counsel was ineffective for failing to advise him that the convictions arising from the guilty pleas could result in his deportation.

         II. Issue Preservation

         For an issue to be preserved it must be both raised before and ruled on by the trial court. Meier v. Senecaut, 641 N.W.2d 532, 537 (Iowa 2002). Farah raised the issue of ineffective assistance of counsel in his application before the trial court, and it was ruled on. Error has been preserved.

         III. Standard of Review

         Generally an application for postconviction relief is reviewed for corrections of errors at law. LaMasters v. State, 821 N.W.2d 856, 862 (Iowa 2012). But when the applicant claims ineffective assistance of counsel, a ...


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