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White v. State

Court of Appeals of Iowa

March 7, 2018

TYLER L. WHITE, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Des Moines County, John G. Linn, Judge.

         The applicant appeals the district court decision denying his request for postconviction relief on his convictions for escape and lascivious acts with a child.

          Jacob L. Mason of JL Mason Law, P.L.L.C., Ankeny, for appellant.

          Thomas 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.

         Tyler 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.

         I. Factual Background and Prior Proceedings

         A. Lascivious Acts with a Child Charge

         White's 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.

         B. Escape

         White 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.

         White 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.

         II. ...


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