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Beard v. State

Court of Appeals of Iowa

June 7, 2017

ALAN DUANE BEARD, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Boone County, James C. Ellefson, Judge.

         Alan Duane Beard appeals the district court's denial of his postconviction-relief application.

          Darrell G. Meyer, Marshalltown, for appellant.

          Thomas J. Miller, Attorney General, and Sheryl A. Soich, Assistant Attorney General, for appellee.

          Considered by Mullins, P.J., McDonald, J., and Mahan, S.J. [*]

          MULLINS, Presiding Judge.

         Alan Duane Beard appeals the district court's denial of his postconviction-relief (PCR) application, claiming the district court improperly denied his claims and failed to consider some of his pro se claims. We affirm.

         I. Background Facts and Proceedings

         On November 19, 2013, Beard pled guilty to eluding and operating a motor vehicle while intoxicated (OWI). On the eluding charge, Beard was sentenced to an indeterminate term not to exceed five years and a fine and surcharge. The court suspended the sentence of incarceration, the fine, and the surcharge and placed Beard on probation for two to five years. On the OWI charge, the court sentenced Beard to one year in jail, with all but two days suspended, and ordered him to pay a fine and surcharges. Beard was placed on probation for one year on the OWI charge. The sentences were ordered to run concurrent to one another. On October 14, 2014, Beard's probation was revoked, and he was incarcerated. Beard filed his first PCR application in November 2014. Following numerous amendments and a hearing on Beard's filings, the district court denied Beard's application.

         II. Standard and Scope of Review

         "The standard of review on appeal from the denial of postconviction relief is for errors at law." Everett v. State, 789 N.W.2d 151, 155 (Iowa 2010) (citation omitted). "However, '[w]hen there is an alleged denial of constitutional rights, . . . we make our own evaluation of the totality of the circumstances in a de novo review.'" Id. (alteration in original) (citation omitted).

         III. Analysis

         A. Competency

         On appeal, Beard first claims his "[t]rial [c]ounsel was ineffective for allowing [him] to enter [a guilty] plea without properly informing himself of [the] facts that would have shown [Beard] was not competent." Beard claims he has an intelligence quotient of no more than 70; has attention deficit hyperactivity disorder, bipolar disorder, and a learning disability; and had received mental-health services in the eight years preceding his incarceration. He claims he had been taking prescribed psychotropic medication at the time of his arrest but was not given the medication ...


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