from the Iowa District Court for Jasper County, Thomas W.
defendant appeals his conviction and sentence. AFFIRMED.
J. Polson of Updegraff & Smith, Newton, and Taylor Rens
of Krug & Rens, LLC, West Allis, Wisconsin, for
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and McDonald, JJ.
Trostel appeals his conviction and sentence, claiming the
district court erred in denying his motion to vacate his
guilty plea and in denying his motion to continue his
Background Facts and Proceedings
January 26, 2016, the State charged Trostel with operating
while intoxicated, in violation of Iowa Code section 321J.2
(2015). Initially, Trostel requested court-appointed counsel,
but he was not eligible. Trostel then requested and received
a continuance, granting him more time to obtain
representation. On March 9, Trostel appeared without counsel,
signed a written waiver of his right to counsel, and pled
guilty as charged. The district court accepted the guilty
plea and scheduled sentencing for April 6.
April 5, an attorney licensed to practice in Wisconsin sent
the court a letter that requested Trostel's sentencing be
continued and indicated the attorney intended to file an
application to be admitted pro hac vice so he could represent
Trostel. The letter also indicated that the attorney planned
to investigate the validity of Trostel's guilty plea. The
court continued Trostel's sentencing until May 4. The
attorney from Wisconsin did not file an application to appear
pro hac vice at that time; rather, an attorney licensed to
practice in Iowa filed an appearance on April 18. That
attorney requested and received two additional continuances
of Trostel's sentencing, with sentencing ultimately being
scheduled for June 29.
24, the attorney from Wisconsin filed an application for
admission pro hac vice, which was granted the same day. On
June 28, the attorney from Wisconsin filed an appearance and
motion for continuance. On the same day, the attorney from
Iowa filed a motion to withdraw, which was granted. On June
29, prior to the scheduled sentencing hearing, the court
denied Trostel's motion to continue sentencing. On the
same day, Trostel filed a motion to withdraw his guilty plea,
claiming he "plead [sic] guilty because he did not have
the financial means to pursue legitimate defenses that he
would otherwise would have pursued." The court denied
Trostel's motion to withdraw his guilty plea and, after a
hearing, entered the conviction and sentenced Trostel to two
days in jail and a fine.
Scope and Standard of Review
we review the denial of a motion for a continuance for abuse
of discretion. State v. LaGrange, 541 N.W.2d 562,
564 (Iowa Ct. App. 1995). However, when a constitutional
right is implicated, our ...