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State v. Pritchett

Court of Appeals of Iowa

October 24, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JESSEY SHANE PRITCHETT, Defendant-Appellant.

          Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.

         Defendant appeals his conviction and sentence for escape due to ineffective assistance of counsel.

          Cory J. Goldensoph, Cedar Rapids, for appellant.

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

          Considered by Danilson, C.J., and Vogel and Tabor, JJ.

          VOGEL, Judge.

         Jessey Pritchett appeals his conviction and sentence for the crime of escape. Pritchett first asserts he received ineffective assistance of counsel because his counsel allowed him to enter a written guilty plea. He claims that had he appeared for a plea hearing, on the record, he would have been informed his plea may impact his probationary status on his prior conviction. He also claims his counsel was ineffective by allowing him to request immediate sentencing, thereby limiting his ability to "consider his options." We find he has not proved his ineffective-assistance-of-counsel claims, and therefore we affirm.

         I. Background Facts and Proceedings

         Pritchett was committed to a residential center following an October 11, 2017 conviction of possession with intent to deliver a controlled substance. On December 1, he left the residential center and failed to return. On January 16, 2018, he was charged with escape in violation of Iowa Code section 719.4(2) (2017).[1] On January 29, he entered into a written guilty plea and waived his rights to appear in open court, to have a record of the proceedings, to delay sentencing, and to be present at sentencing. On January 30, the court accepted the plea and imposed a sentence of a $315 fine plus applicable surcharges and costs. He appeals.

         II. Standard of Review

         "Generally our review of a challenge to the entry of a guilty plea is for correction of errors at law. However, when the challenge arises in the context of an ineffective-assistance claim, our standard of review is de novo." State v. Tate, 710 N.W.2d 237, 239 (Iowa 2006) (internal citations omitted).

         III. Assistance of Counsel

         For an ineffective-assistance-of-counsel claim, the defendant must show counsel failed to perform an essential duty and such failure resulted in prejudice. State v. Straw, 709 N.W.2d 128, 133 (Iowa 2006) (citing Strickland v. Washington, 466 U.S. 668, 687-88 (1984)).

         A. Entry of Plea ...


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