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State v. Dodson

Court of Appeals of Iowa

July 19, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
ADAM D. DODSON, Defendant-Appellant.

         Appeal from the Iowa District Court for Scott County, Mark R. Fowler, District Associate Judge.

         A defendant appeals his conviction. AFFIRMED.

          Thomas J. O'Flaherty of O'Flaherty Law Firm, Bettendorf, for appellant.

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

          Considered by Vogel, P.J., and Doyle and McDonald, JJ.

          VOGEL, Presiding Judge.

         Adam Dodson appeals his conviction following his guilty plea to domestic abuse assault, in violation of Iowa Code section 708.2A(2)(c)[1] (2016). Dodson claims his counsel was ineffective in failing to file a motion in arrest of judgment challenging Dodson's guilty plea.

         I. Background Facts and Proceedings

         On December 13, 2016, the State charged Dodson with domestic abuse assault. Dodson agreed to plead guilty, and the State agreed to make a sentencing recommendation that Dodson be sentenced to 240 days in jail, with all but seven days suspended. The written plea agreement also contained a provision that read: "Upon a conviction of domestic assault in violation of Iowa Code section 708.2A, I shall not possess, ship, transport, or receive a firearm, offensive weapon, or ammunition." There was an "X" next to this provision; several other provisions also contained an "X" next to them. Dodson signed the plea agreement.

         The district court accepted Dodson's guilty plea and sentenced him consistently with the State's recommendation. Additionally, the court issued a no-contact order that disallowed Dodson from possessing firearms.

         Dodson appeals.

         II. Scope and Standard of Review

         We review ineffective-assistance-of-counsel claims de novo. State v. Clay, 824 N.W.2d 488, 494-95 (Iowa 2012).

         III. Ineffective ...


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