from the Iowa District Court for Pottawattamie County, James
M. Richardson, Judge.
defendant appeals the denial of his application for
C. Smith, State Appellate Defender, and Maria L. Ruhtenberg,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee State.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
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
Background Facts and Proceedings.
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.
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.
April 2015, Biggs's deferred judgment was revoked due to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
Standard of Review.
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 ...