from the Iowa District Court for Polk County, Douglas F.
appeals the district court's denial of his application
for postconviction relief. AFFIRMED.
Alfredo Parrish of Parrish Kruidenier Dunn Boles Gribble
Gentry Brown & Bergmann, Des Moines, for appellant.
J. Miller, Attorney General, and Kelli Huser, Assistant
Attorney General, for appellee State.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
LaPointe appeals the district court's denial of his
application for postconviction relief. We find LaPointe was
not prejudiced by trial counsel's failure to object
during the victim impact statement, the State made sufficient
arguments in support of the plea agreement, and LaPointe
knowingly and voluntarily waived the use of a presentence
investigation during sentencing. We affirm the district
Background Facts and Proceedings
December 2, 2014, LaPointe pled guilty to one count of
second-degree burglary, in violation of Iowa Code section
713.5 (2014), and one count of third-degree sexual abuse, in
violation of Iowa Code section 709.4. The State agreed to
recommend concurrent ten-year sentences in exchange for
LaPointe's guilty plea. Sentencing occurred immediately
after the guilty plea was accepted, and LaPointe waived the
use of a presentence investigation. The colloquy regarding
the presentence investigation stated:
THE COURT: In addition, if sentencing was set out at a later
time, I am going to order today a presentence investigation
report be done which is a background report about you. That
report could contain favorable information to you.
However, if you are sentenced today, I will not have that
report available for my use. Do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Do you wish to waive the use of the presentence
investigation report so you ...