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Lahmann v. State

Court of Appeals of Iowa

November 22, 2017

DAVID ALLAN LAHMANN, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Bremer County, James M. Drew, Judge.

         David Lahmann appeals the district court's denial of his application for postconviction relief following his 2011 conviction for assault with a dangerous weapon. AFFIRMED.

          Clemens A. Erdahl and Elizabeth A. Araguas of Nidey Erdahl Tindal & Fisher, P.L.C., Cedar Rapids, for appellant.

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

          Considered by Vogel, P.J., McDonald, J., and Carr, S.J. [*]

          CARR, Senior Judge

         David Lahmann appeals the district court's denial of his application for postconviction relief following his 2011 conviction for assault with a dangerous weapon, contending his trial counsel was ineffective in failing to advise him of collateral consequences of his guilty plea. Upon our review, we affirm the court's order denying Lahmann's application for postconviction relief.

         I. Background Facts and Proceedings

         Lahmann shot two rescue flares in front of a crop-dusting plane as it flew over his property because he believed the plane was scaring his horses. The State charged Lahmann with intimidation with a dangerous weapon. Before trial, Lahmann was offered a plea agreement for a suspended sentence, which he rejected, and the case proceeded to trial.

         When discussing the jury instructions with the court, Lahmann's attorney realized the charge of intimidation with a dangerous weapon was a forcible felony that would require incarceration upon conviction. At that point, to avoid incarceration, Lahmann agreed to plead guilty to the lesser charge of assault with a dangerous weapon.

         Thereafter, Lahmann-through a new attorney-filed a motion in arrest of judgment, claiming he was not fully advised his plea would affect his gun rights. Following a hearing, the district court denied the motion. The district court imposed a suspended sentence with one to two years of probation. Lahmann's probation agreement prohibited him from possessing firearms.

         Lahmann later applied for a permit to acquire pistols/revolvers. The Bremer County Sheriff denied the application based on Lahmann's conviction for assault with a dangerous weapon.

         Lahmann filed an application for postconviction relief, raising a claim of ineffective assistance of counsel relating to counsel's failure to advise him of collateral consequences of his guilty plea, i.e., that he would lose his gun rights. Lahmann filed a motion for summary disposition, which the court denied. Following a hearing, the court denied the application. Lahmann now appeals.

         II. Stand ...


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