from the Iowa District Court for Marshall County, Kim M.
Riley, District Associate Judge.
appeals his conviction for operating a motor vehicle without
the owner's consent.
K. Wilson of Anne K. Wilson Law Office, P.L.L.C., Hiawatha,
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Tabor and Bower, JJ.
Lizarde appeals his conviction for operating a motor vehicle
without the owner's consent. Lizarde claimed he received
ineffective assistance of counsel during his guilty plea
proceeding. He does not, however, allege he would not have
pleaded guilty and would have insisted on going to trial if
not for counsel's alleged errors. We conclude
Lizarde's claim of ineffective assistance should be
preserved for possible postconviction proceedings. We affirm
Background Facts & Proceedings
was charged with theft in the second degree, in violation of
Iowa Code section 714.2(2) (2016), a class "D"
felony. According to the minutes of testimony, a white Honda
Odyssey was taken from the home of Richard Squires on
December 6, 2016. On December 19, 2016, an officer stopped
the Odyssey due to a malfunctioning brake light. The
occupants of the vehicle ran away but were quickly
apprehended. Lizarde had been a passenger in the vehicle. The
driver, Luis Mendoza-Soto, told officers Lizarde had the
Odyssey in his possession for a couple of weeks.
entered into a plea agreement in which he agreed to plead
guilty to the lesser included offense of operating a motor
vehicle without the owner's consent, in violation of
section 714.7, an aggravated misdemeanor. On March 9, 2017,
he signed a written guilty plea, which stated:
I plead guilty because I know I am guilty. I agree with the
allegations in the trial information. I state that on or
about December 6, 2016 and up to and including December 19,
2016, in the County of Marshall and the State of Iowa, I
knowingly took control of an automobile, which was the
property of another, without consent of the owner but without
the intent to permanently deprive the owner thereof.
written guilty plea, Lizarde waived his right to file a
motion in arrest of judgment.
court accepted Lizarde's guilty plea. A sentencing
hearing was held on March 13, 2017, and Lizarde was sentenced
to a term of imprisonment not to exceed two years. Lizarde
appealed his conviction, claiming he received ineffective
assistance of counsel.