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.

State v. Baxter

Court of Appeals of Iowa

May 2, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
MAX LEE ARTHUR BAXTER, Defendant-Appellant.

         Appeal from the Iowa District Court for Des Moines County, Jennifer Slocum Bailey, District Associate Judge.

         Defendant appeals his conviction for eluding a peace officer. AFFIRMED.

          William R. Monroe of Law Office of William Monroe, Burlington, for appellant.

          Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant Attorney General, for appellee.

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

          BOWER, Judge.

         Max Baxter appeals his conviction for eluding a peace officer. We find Baxter was informed of the elements of eluding a peace officer and the State had the burden to prove those elements beyond a reasonable doubt. Baxter has not shown he received ineffective assistance because defense counsel did not file a motion in arrest of judgment, as such a motion, if filed, would have been unsuccessful. We affirm Baxter's conviction.

         I. Background Facts & Proceedings

         Baxter was charged with eluding a peace officer, in violation of Iowa Code section 321.279(2) (2017), an aggravated misdemeanor. Baxter entered into a plea agreement in which he agreed to plead guilty to this charge and other charges against him would be dismissed. He signed an amended written guilty plea, in which he stated, "[W]hile exceeding the speed limit by 25 mph or more, I willfully failed to bring my vehicle to a stop for a marked law enforcement vehicle driven by a uniformed peace officer, after being given a visual and audible signal."[1]

         The court accepted Baxter's guilty plea to eluding a peace officer. He was sentenced to a term of imprisonment not to exceed two years, to be served concurrently with another charge. Baxter now appeals, claiming he received ineffective assistance from defense counsel.

         II. Standard of Review

         We conduct a de novo review of claims of ineffective assistance of counsel. State v. Maxwell, 743 N.W.2d 185, 195 (Iowa 2008). To establish a claim of ineffective assistance of counsel, a defendant must prove (1) counsel failed to perform an essential duty and (2) prejudice resulted to the extent it denied the defendant a fair trial. Id. A defendant's failure to prove either element by a preponderance of the evidence is fatal to a claim of ineffective assistance. State v. Polly, 657 N.W.2d 462, 465 (Iowa 2003).

         III. Merits

         Baxter claims he received ineffective assistance because defense counsel did not file a motion in arrest of judgment. He states his guilty plea was not knowing and voluntary because he was not fully advised of the elements of the offense and was not informed he could only be found guilty if the State established every element of the offense ...


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.