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Lapointe v. State

Court of Appeals of Iowa

July 19, 2017

CHRISTOPHER LAPOINTE, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.

         Applicant 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.

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

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

          BOWER, Judge.

         Christopher 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 court.

         I. Background Facts and Proceedings

         On 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 ...

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