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.

Cole v. State

Court of Appeals of Iowa

October 24, 2018

JAMIE LEE COLE, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Delaware County, Bradley J. Harris, Judge.

         Appeal from the denial of an application for postconviction relief filed pursuant to Iowa Code chapter 822 (2015).

          Thomas M. McIntee, Waterloo, for appellant.

          Thomas J. Miller, Attorney General, and Darrel L. Mullins, Assistant Attorney General, for appellee State.

          Considered by Potterfield, P.J., and Bower and McDonald, JJ.

          Mcdonald, Judge.

         This case arises out of Jamie Cole's challenge to his conviction and sentence for operating while intoxicated, third offense, in violation of Iowa Code section 321 J.2 (2015). In his application for postconviction relief, Cole requested the district court order the Iowa Department of Corrections to place him in a rehabilitation facility rather than prison. In the alternative, Cole requested his guilty plea and conviction be vacated and he be allowed to plead anew. Following a trial on the merits of the postconviction application, in which Cole represented himself, the district court denied Cole's application for postconviction relief. Cole timely filed this appeal.

         By way of background, in March 2015, Cole was charged with operating while intoxicated, third offense, in Delaware County. As part of a plea agreement, Cole pleaded guilty to the charge, and the State agreed to dismiss other counts. In addition, the parties agreed Cole would be placed in a chapter 321J rehabilitation program rather than prison. The district court agreed to be bound by the parties' plea agreement. The sentencing order was in accord with the parties' agreement. It provided Cole was committed to the "custody of the Director of the Iowa Department of Corrections for placement in the 321J Program at West Union, administered by the First Judicial District Department of Correctional Services."

         At the time Cole pleaded guilty to the Delaware County charge, he also had pending a charge in Buchanan County for operating while intoxicated. At the time of his plea and sentencing in the Delaware County case, the district court asked Cole whether he understood the court could not control the sentence in the Buchanan County case:

THE COURT: And do you understand that I can't make any guarantees that you'll receive the same sentence or consecutive or concurrent sentence in Buchanan County? I have no control over that.
THE DEFENDANT: Yes, Your Honor.

         In April 2015, Cole pleaded guilty to operating while intoxicated, third offense, in Buchanan County. The sentence in that case did not require or prohibit his entry into the 321J rehabilitation program.

         Following his plea and sentencing in the Buchanan County case, Cole remained in jail while the department of corrections reviewed his application for admission into the rehabilitation program. During that time, Cole indecently exposed himself to one correctional officer and acted aggressively toward another. Cole was charged with and convicted of indecent exposure because of this conduct. Shortly after, the department of corrections denied Cole's application for the rehabilitation program, citing his recent violent actions and conviction for indecent exposure. Cole was then committed to the custody of the department of corrections and placed in prison.

         Cole filed this application for postconviction relief challenging only his Delaware County conviction. He contends the district court should have ordered the department of corrections to place him in the rehabilitation facility. In the alternative, he contends the district court should have vacated his guilty plea and conviction. Our review is for the correction of errors at law. See Perez v. State, 816 N.W.2d 354, 356 (Iowa 2012). The court will affirm the lower court if "the law was correctly applied" and ...


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.