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State v. Cason

Court of Appeals of Iowa

June 6, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JEFFREY JORDAN CASON, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, David N. May, Judge.

         A defendant appeals following his guilty pleas. AFFIRMED.

          Cathleen J. Siebrecht of Siebrecht Law Firm, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Kelli A. Huser, Assistant Attorney General, for appellee.

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

          VOGEL, PRESIDING JUDGE.

         Jeffrey Cason appeals following his guilty pleas to two separate charges of possession of a controlled substance-marijuana with the intent to deliver and third-degree burglary.

         I. Background Facts and Proceedings

         In 2016, the State filed thirteen separate charges against Cason under various case numbers. Ultimately, Cason agreed to plead guilty to two separate charges of possession of a controlled substance-marijuana with the intent to deliver, in violation of Iowa Code section 124.401(1)(d) (2016), and third-degree burglary, in violation of Iowa Code section 713.6A. The possession charges carried the habitual offender sentencing enhancement. See Iowa Code § 902.8. Pursuant to the written plea agreement, all of the remaining charges and cases were dismissed. The plea agreement recommended the imposition of fines and a combined sentence of incarceration of thirty-five years, with a mandatory minimum of six years. After a hearing on the record, the district court accepted Cason's plea and sentenced him in accordance with the terms of the plea agreement.

         Cason appeals, asserting the district court's plea colloquy was insufficient and his counsel was ineffective in failing to object to the district court's errors. See Iowa R. Crim. P. 2.8(2)(b).

         II. Standard of Review

         Challenges to guilty pleas are ordinarily reviewed for the correction of errors at law. State v. Fisher, 877 N.W.2d 676, 680 (Iowa 2016). We review ineffective-assistance-of-counsel claims de novo. State v. Gant, 597 N.W.2d 501, 504 (Iowa 1999).

         III. Plea Colloquy

         Cason asserts the district court erred in failing to advise him of the total amount of fines he would owe to the State, in failing to inform him of the period of revocation of his driver's license, in failing to ask him whether he was under the care of a psychiatrist or physician, and in failing to establish whether he was represented by counsel in one of his previous felony convictions. The State asserts Cason failed to preserve error because he was sentenced immediately and he waived the right to file a motion in arrest of judgment under the plea agreement. Alternatively, Cason claims his trial counsel was ineffective by failing to object to the district court's errors. State v. Straw, 709 ...


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