from the Iowa District Court for Polk County, Mary Pat
defendant appeals his convictions. AFFIRMED.
Anderson of The Law Office of Karmen Anderson, Des Moines,
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and McDonald, JJ.
Duncan claims his guilty pleas were not knowing and
voluntary, and his counsel was ineffective. Specifically,
Duncan asserts both the district court and his counsel failed
to fully inform him of the consequences of withdrawing his
motion in arrest of judgment; he also claims his counsel
failed to fully inform him about the terms of his plea.
Background Facts and Proceedings
April 21, 2016, the State charged Duncan with possession of a
controlled substance with intent to deliver, in violation of
Iowa Code section 124.401(1)(b)(7) (2014) and failure to
possess a tax stamp, in violation of Iowa Code section 453B.3
and 453B.12. On June 10, Duncan appeared before the district
court and agreed to plead guilty to a lesser-included offense
of the possession charge and to the tax-stamp violation. At
the plea hearing, the State described the terms of the plea
Your Honor, the terms of the plea agreement are as follows:
That should Mr. Duncan be capable of providing a factual
basis to a lesser included count I of the trial information,
that being possession of a controlled substance with intent
to deliver, a class "C" felony, and to count II of
the trial information, that being failure to possess a tax
stamp, the State at the time of sentencing will agree, first,
to recommend to the court that his probationary matters be
resolved by way of credit for time served. The parties then
will be free to argue for whatever disposition they deem
appropriate with regards to the two counts.
Obviously, by the State reducing count I from a class
"B" felony to a class "C" felony, it
gives Mr. Duncan the ability to request a probationary
sentence. As presently charged and if convicted, he would not
have that opportunity. He would be looking at a mandatory
twenty-five-year prison term with the one-third mandatory
minimum. So this disposition gives him the ability to make a
probationary request to the court. Thank you.
counsel agreed that her understanding of the plea agreement
was consistent with the State's description. The court
then spoke to Duncan:
THE COURT: Okay. Mr. Duncan, you understand at the time of
sentencing ultimately it's the court's decision as to
what sentence to impose; is that right?
THE DEFENDANT: Yes, I do.
THE COURT: All right. Knowing that, you still want to move
THE DEFENDANT: Yes, ma'am.
THE COURT: Okay. So have any threats or promises been made to
get you to ...