from the Iowa District Court for Muscatine County, Nancy S.
Tabor (plea) and Stuart P. Werling (sentencing), Judges.
defendant appeals from the judgment entered pursuant to his
E. Dusthimer, Davenport, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Tabor, J., takes no part.
Raymond appeals his convictions following a guilty plea to
possession with intent to distribute marijuana, failure to
affix a drug tax-stamp, and two counts of theft in the second
Background Facts and Proceedings
November 20, 2015, officers executed a search warrant at
Raymond's residence. Officers seized marijuana, drug
paraphernalia, two sawed off shotguns, three rifles,
ammunition, a dirt bike, and a snowmobile. Officers conducted
an interview with Raymond after he waived his
Miranda protections. Raymond admitted to possessing
marijuana and gave various accounts of how he obtained the
guns, the snowmobile, and the dirt bike.
was charged with possession with intent to distribute
marijuana, in violation of Iowa Code section 124.401(1)(d)
(2015); failure to affix a drug tax-stamp, in violation of
Iowa Code section 453B.12; two counts of theft in the second
degree, in violation of Iowa Code sections 714.1 and 714.2;
five counts of felon in possession of a firearm, in violation
of Iowa Code section 724.26; and two counts of possession of
an offensive weapon, in violation of Iowa Code sections
724.1(1)(b) and 724.3. All charges carried the habitual
offender sentencing enhancement. See Iowa Code
§ 902.8. Pursuant to the written plea agreement, the
five counts of possession of a firearm and two counts of
possession of an offensive weapon were dismissed. The plea
agreement contained the recommended fines to be imposed and a
combined sentence of twenty years, with no mandatory minimum.
After a hearing on the record, the district court accepted
Raymond's plea and sentenced him in accordance with the
terms of the plea agreement.
appeals, asserting his counsel was ineffective in allowing
him to plead guilty because the plea to tax stamp charge was
not made voluntarily and intelligently and the plea to the
theft charges lacked a factual basis. See Iowa R.
Crim. P. 2.8(2)(b). He also asserts the court abused its
discretion in imposing the sentence.
Standard of Review
to guilty pleas are ordinarily reviewed for the correction of
errors at law. State v. Fisher, 877 N.W.2d 676, 680
(Iowa 2016). We review ineffective-assistance-of-counsel
claims de novo. State v. Gant, 597 N.W.2d 501, 504