Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stacy v. State

Court of Appeals of Iowa

September 13, 2017

PHILIP EDDIE STACY, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.

         Applicant appeals the district court decision denying his application for postconviction relief from his convictions for second-degree sexual abuse and lascivious acts with a child.

          Michael J. Jacobsma of Jacobsma, Clabaugh & Goslinga, P.L.C., Sioux Center, for appellant.

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

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          BOWER, JUDGE.

         Philip Stacy appeals the district court decision denying his application for postconviction relief from his convictions for second-degree sexual abuse and lascivious acts with a child. We find Stacy has failed to show he received ineffective assistance from defense counsel or postconviction counsel. We affirm the decision of the district court.

         I. Background Facts & Proceedings

         On December 17, 2012, Stacy was charged in FECR014164 with sexual abuse in the second degree, four counts of sexual abuse in the third degree, and sexual exploitation of a minor. On January 8, 2013, Stacy was charged in FECR014201 with two counts of lascivious acts with a child. The cases involved two different child victims.

         Stacy entered into a plea agreement in which he agreed to plead guilty to second-degree sexual abuse, in violation of Iowa Code section 709.3(2) (2011), and to be sentenced to twenty-five years in prison, where he would not be eligible for parole or work release until he had served at least seventy percent of his sentence. Stacy also agreed to plead guilty to one of the counts of lascivious acts with a child, in violation of section 709.8(1), with a ten year sentence, to be served concurrently with his sentence for second-degree sexual abuse. The State agreed to dismiss the other charges against Stacy. The district court accepted Stacy's guilty pleas and sentenced him according to the plea agreement. Stacy did not appeal his convictions.

         On August 1, 2014, Stacy filed an application for postconviction relief. He claimed he received ineffective assistance because defense counsel improperly informed him he would only have to serve eight years in prison and did not file a motion to suppress. The district court found, "There is nothing in the record that suggests Mr. Stacy should have had an expectation of an eight-year sentence." The court also found the evidence Stacy sought to suppress (photographs and text messages) was obtained by Stacy's wife and given to the police. Because the wife was not acting as an agent of the government, the evidence of her actions were not suppressible. Stacy now appeals the district court decision denying his application for postconviction relief.

         II. Standard of Review

         We conduct a de novo review of claims of ineffective assistance of counsel. State v. Maxwell, 743 N.W.2d 185, 195 (Iowa 2008). To establish a claim of ineffective assistance of counsel, an applicant must prove (1) counsel failed to perform an essential duty and (2) prejudice resulted to the extent it denied the applicant a fair trial. Id. An applicant's failure to prove either element by a preponderance of the evidence is fatal to a claim of ineffective assistance. State v. Polly, 657 N.W.2d 462, 465 (Iowa 2003).

         III. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.