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State v. Raymond

Court of Appeals of Iowa

November 22, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
TERRY RAYMOND, Defendant-Appellant.

         Appeal from the Iowa District Court for Muscatine County, Nancy S. Tabor (plea) and Stuart P. Werling (sentencing), Judges.

         A defendant appeals from the judgment entered pursuant to his guilty plea.

          Jack E. Dusthimer, Davenport, for appellant.

          Thomas 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.

          VOGEL, PRESIDING JUDGE

         Terry 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 degree.

         I. Background Facts and Proceedings

         On 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.[1] Raymond admitted to possessing marijuana and gave various accounts of how he obtained the guns, the snowmobile, and the dirt bike.

         Raymond 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.

         Raymond 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.[2]

         II. Standard of Review

         Challenges 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 (Iowa 1999).

         III. ...


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