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State v. Iddings

Court of Appeals of Iowa

June 7, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
LUCAS TYLER IDDINGS, Defendant-Appellant.

          Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge.

         A defendant appeals following the revocation of his deferred judgment, challenging the knowing and voluntary nature of his guilty plea. AFFIRMED.

          Jeremy L. Merrill of Lubinus Law Firm, P.L.L.C., Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Kelli A. Huser, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Vogel and Vaitheswaran, JJ.

          PER CURIAM.

         Lucas Iddings appeals following the revocation of the deferred judgment he was granted after entering a guilty plea to possession of contraband while confined, a class "D" felony, in violation of Iowa Code sections 719.7(1), 719.7(3)(c), and 719.7(4) (2014).[1] He asserts his plea was not voluntarily and intelligently entered because the court failed to inform him of the applicable surcharges in accepting his guilty plea, violating the holding in State v. Fisher, 877 N.W.2d 676, 686 (Iowa 2016). Related to this issue is whether the district court properly informed Iddings of his right to file a motion in arrest of judgment and whether Iddings's counsel was ineffective. For the reasons stated, we affirm but preserve his claim of ineffective assistance of counsel for postconviction relief.

         On December 2, 2014, Iddings entered a guilty plea as part of a negotiated plea agreement involving a joint recommendation for a deferred judgment with respect to the count at issue in this appeal. During the plea colloquy, the court informed Iddings the court "has heard the plea agreement, and the court will go along with the plea agreement at the time of sentencing."[2]Subsequently, the court informed Iddings the maximum fine for the offense was $7500 and the maximum prison sentence was five years. The court also informed Iddings of the minimum fine of $750.

         Significant to the issue of whether Iddings was properly informed of his right to file a motion in arrest of judgment, during the colloquy, the court stated:

Mr. Iddings, I must further advise you that if you would decide to challenge your guilty plea based on any alleged defects or mistakes made in these plea proceedings, you must file a motion in arrest of judgment. The motion must be filed not later than forty-five days after this plea and at least five days before the date set for sentencing. In your motion you must set forth why the plea is not correct. Unless you do so, you will be precluded from attacking the guilty plea you have just entered. Your attorney can inform you further as to your right to file a motion in arrest of judgment.
You also have the right to a [fifteen]-day continuance from this date before sentence is pronounced. If you waive this [fifteen]-day period-or you may waive this [fifteen]-day period and you may request immediate sentencing. This is solely your decision. It is my understanding that you do wish to waive or give up that [fifteen]-day continuance?
[Iddings]: Yes, Your Honor.
The Court: Do you understand that by doing so you're giving up your right to file a motion in arrest of judgment?
[Iddings]: Yes, I do, Your Honor.
The Court: By doing so you will never be able to challenge your guilty plea. Do you understand this?
[Iddings]: Yes.
The Court: By not filing a motion in arrest of judgment, you will not be able to file an appeal of your guilty plea to the Iowa Supreme Court. Do you understand this?
[Iddings]: Yes, I do, Your Honor.
The Court: By requesting immediate sentencing, you are waiving or giving up your right to appeal your guilty plea in this case. Do you understand this?
[Iddings]: Yes, I do, Your Honor.
The Court: Understanding what you will be giving up, do you still request an immediate sentencing?
[Iddings]: Yes, Your Honor.
The Court: You waive or give up your right to file a motion in arrest of judgment-do you waive your right to file a ...

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