Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Biggs v. State

Court of Appeals of Iowa

February 21, 2018

STEPHEN BIGGS, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Pottawattamie County, James M. Richardson, Judge.

         A defendant appeals the denial of his application for postconviction relief.

          Mark C. Smith, State Appellate Defender, and Maria L. Ruhtenberg, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney General, for appellee State.

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          POTTERFIELD, Judge.

         Stephen Biggs appeals the denial of his application for postconviction relief. Biggs pled guilty to theft in the second degree, in violation of Iowa Code sections 714.1 and 714.2(2) (2011), and ongoing criminal conduct, in violation of section 706A.2(4). Biggs argues his trial counsel was ineffective for allowing him to plead guilty without a factual basis.

         I. Background Facts and Proceedings.

         Biggs was arrested at a gas station on October 22, 2012, after trying to pass a check under a false name without identification. When questioned by the police, Biggs gave a false name to match the check and told police he was driving his boss's vehicle with permission. The vehicle was stolen. Biggs was released from jail the next day. On October 25, Biggs was found in another stolen vehicle in Omaha, Nebraska, and again gave false information to the police concerning his identity.

         A warrant was issued for theft in the second degree and ongoing criminal conduct, and Biggs was arrested in December. In March 2013, Biggs completed a drug court plea agreement. In that document, Biggs agreed there were sufficient facts to justify the guilty plea he was entering; the document did not include the elements of the crimes. In May, Biggs pleaded guilty after a colloquy with the trial court about the rights he was waiving in order to enter a guilty plea. The factual basis for the two crimes was not included in the colloquy; Biggs agreed the court could use the minutes of testimony as a factual basis, and his plea was accepted. Biggs requested immediate sentencing, and the court deferred judgment and granted him admission into drug court.

          In April 2015, Biggs's deferred judgment was revoked due to multiple violations of the drug-court program. He was sentenced on his original charges. Biggs filed an application for postconviction relief. His application was denied in December 2016.

         Biggs appeals.

         II. Standard of Review.

         Postconviction-relief proceedings are "actions at law and are reviewed on error." Osborn v. State, 573 N.W.2d 917, 920 (Iowa 1998). However, if the applicant's claims have constitutional implications, "we make our own evaluation of the totality of the circumstances in a de novo review." Id. De ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.