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State v. Jackson

Court of Appeals of Iowa

September 27, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
ANTAVIEON JACKSON, Defendant-Appellant.

         Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple (plea) and John J. Bauercamper (sentencing), Judges.

         Antavieon Jackson appeals his conviction and sentence following an Alford plea to second-degree theft. AFFIRMED.

          Mark C. Smith, State Appellate Defender, and Robert P. Ranschau, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Darrel L. Mullins, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.

          MULLINS, Judge.

         Antavieon Jackson appeals his conviction and sentence following an Alford[1] plea to second-degree theft. Jackson claims his trial counsel was ineffective in allowing him to submit a plea for which there is no factual basis and the sentencing court abused its discretion in imposing a prison sentence.

         I. Background Facts and Proceedings

         In October 2015, Jackson and Erika Loftus were seen on camera at a bank making six empty-envelope ATM deposits and immediately withdrawing funds. The deposits and withdrawals involved Loftus's account, and resulted in a negative account balance. Jackson and Loftus were charged with second-degree theft, by deception. A trial resulted in a hung jury for Jackson, and Loftus was found guilty.

         Prior to Jackson's second trial, he entered an Alford plea as charged. The court relied on the minutes of testimony to establish a factual basis for the plea with no objection from Jackson. The court sentenced Jackson to a prison term not to exceed five years. The sentencing court considered Jackson's criminal record, numerous convictions in the three years he was not in prison, failure to cooperate with preparation of the presentence investigation report (PSI), [2]struggle with substance abstinence, and completion of only four of fourteen attempted treatment programs.

         He appeals.

         II. Standard of Review

         Claims of ineffective assistance of counsel are reviewed de novo. State v. Clay, 824 N.W.2d 488, 494 (Iowa 2012). Ineffective-assistance claims may be reviewed on direct appeal if the record is adequate. Id. Challenges to sentences within statutory limits are reviewed for abuse of discretion. State v. Thomas, 547 N.W.2d 223, 225 (Iowa 1996).

         III. ...


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