from the Iowa District Court for Delaware County, Bradley J.
from the denial of an application for postconviction relief
filed pursuant to Iowa Code chapter 822 (2015).
M. McIntee, Waterloo, for appellant.
J. Miller, Attorney General, and Darrel L. Mullins, Assistant
Attorney General, for appellee State.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
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.
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
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.
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.
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
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 ...