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State v. Lizarde

Court of Appeals of Iowa

January 10, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JUAN ROY LIZARDE, Defendant-Appellant.

         Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.

         Defendant appeals his conviction for operating a motor vehicle without the owner's consent.

          Anne K. Wilson of Anne K. Wilson Law Office, P.L.L.C., Hiawatha, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Tabor and Bower, JJ.

          BOWER, JUDGE.

         Juan 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 his conviction.

         I. Background Facts & Proceedings

         Lizarde 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.

         Lizarde 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.

         In the written guilty plea, Lizarde waived his right to file a motion in arrest of judgment.

         The 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.

         II. ...


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