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O'Hara v. State

Court of Appeals of Iowa

June 7, 2017

STACEY JEAN O'HARA, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.

         Stacey Jean O'Hara appeals from the dismissal of her application for postconviction relief.

          Mark C. Smith, State Appellate Defender, and Bradley M. Bender, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee State.

          Considered by Danilson, C.J., and Potterfield and Bower, JJ.

          DANILSON, Chief Judge.

         Stacey Jean O'Hara appeals from the dismissal of her application for postconviction relief. As background, pursuant to a plea agreement, O'Hara agreed to plead guilty to the amended charge of second-degree robbery, third-degree burglary, lottery ticket theft, and assault on a peace officer. The State agreed to dismiss a conspiracy-to-commit-a-felony charge and to recommend that all sentences run concurrently to each other. Pursuant to the plea agreement, O'Hara acknowledged that she understood that she must serve seven-tenths of the maximum ten-year sentence on the robbery charge before she would be eligible for work release or parole.

         The court accepted the plea on March 16, 2013. O'Hara requested immediate sentencing and waived her right to a fifteen-day delay before sentencing, the use of a presentence investigation report at sentencing, and the right to file a motion in arrest of judgment. During the plea colloquy, these exchanges occurred:

THE COURT: Now, you're charged under Count 2 with robbery in the first degree and you're pleading guilty to robbery in the second degree. Robbery in the second degree is a Class C felony, which means that the maximum penalty you can be subject to is to be put into prison for a period not to exceed ten years, fined at least $1000, but not more than $10, 000. There would be a 35 percent surcharge assessed on any fine that's imposed.
Iowa Code section 702.11 [(2011)] defines robbery in the second degree as a forcible felony. Under Iowa law because this is a forcible felony, you cannot be granted a deferred judgment or . . . have your prison sentence suspended and be placed on supervised probation. In other words, prison time is mandatory.
Also, Iowa Code section 902.12(5) provides that you cannot be granted any type of parole or work release until you've served seven-tenths or 70 percent of the maximum term; and because the maximum term in this case is ten years, that means you would have to serve at least seven years before release. Do you understand all of that?
[O'HARA]: Yes.
THE COURT: Now, because you're pleading guilty to four separate crimes, the sentencing judge will have to decide whether to run those sentences together, which means concurrent, or back to back or some fashion that several of them follow the other. Do you understand that as well?
[O'HARA]: Yes.
THE COURT: Mr. Ingham [defense counsel], do you know any defenses your client would have ...

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