TYLER L. WHITE, Applicant-Appellant,
STATE OF IOWA, Respondent-Appellee.
from the Iowa District Court for Des Moines County, John G.
applicant appeals the district court decision denying his
request for postconviction relief on his convictions for
escape and lascivious acts with a child.
L. Mason of JL Mason Law, P.L.L.C., Ankeny, for appellant.
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., Potterfield, J., and Goodhue, S.J.
GOODHUE, SENIOR JUDGE.
L. White pled guilty to the charge of lascivious acts with a
child, and on July 18, 2011, sentence was entered. He did not
file a motion in arrest of judgment prior to sentencing, nor
did he file an appeal. A second unrelated trial information
was filed on July 16, 2012, charging White with escape from
the Burlington Residential Correctional Facility. Again he
pled guilty and was sentenced on January 28, 2013. No motion
in arrest of judgment was filed, and no appeal was taken. On
October 12, 2013, White filed a postconviction-relief (PCR)
application challenging the escape conviction, and on
February 9, 2016, he fled his second application, challenging
the lascivious act conviction. Both applications raised
ineffective assistance of trial counsel as the sole basis for
relief. The two PCR actions were combined for trial, and the
trial court, in an extensive and well-written ruling, denied
relief in both. White appeals. We affirm.
Factual Background and Prior Proceedings
Lascivious Acts with a Child Charge
PCR application attacking the lascivious-act plea and
conviction is time barred. White admits it is time barred in
his brief filed on appeal. PCR applications must be filed
within three years from the date of the conviction or, in the
event of an appeal, from the date the procedendo was issued.
Iowa Code § 822.3 (2016). The sentence on the
lascivious-act conviction was entered on July 18, 2011, and
the PCR application challenging the judgment and sentence was
not filed until February 9, 2016. The violation of the
three-year statute of limitations is obvious. No further
consideration will be given to White's attack on the
lascivious-act plea and conviction.
was being held in the Burlington Residential Correctional
Facility, sometimes referred to as a halfway house. The
record established that furloughs could be requested and
would be granted if the request was determined to be
appropriate. The doors to the outside were not locked, and
the residents could walk away, but it was clear that to do so
would be a violation of the facility's rules. In a sense,
the residents were not confined, but they were placed there
by a court order, and it was well understood by the rules of
the facility they were not to leave without permission. At
approximately 11:52 a.m. on July 8, 2012, White left the
facility without permission. His departure was recorded by a
video monitor. He did not voluntarily return, and it was
approximately twelve hours before he was apprehended. His
whereabouts were discovered at a location an appreciable
distance from the facility. An attempt was made to apprehend
him, but there is evidence that he ran.
maintains his trial counsel was ineffective in the following
respects: (1) failing to advise White of or raise the
possibility of the defense of necessity; (2) failing to raise
a claim of diminished capacity; and (3) failing to argue and
convince the prosecutor that the lesser-included charge of
absence from custody was the appropriate charge.