from the Iowa District Court for Polk County, Becky Goettsch,
District Associate Judge.
Gonzalez appeals following his plea of guilty to driving
while barred as a habitual offender.
N. Eslick of Eslick Law, Indianola, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Doyle, JJ.
DANILSON, CHIEF JUDGE.
Gonzalez appeals the denial of his motion in arrest of
judgment following his plea of guilty to driving while barred
as a habitual offender. Because Gonzalez has not provided
clear and convincing evidence that no reasonable fact finder
could convict him of the offense to which he pled guilty, his
claim of actual innocence fails. We affirm.
March 15, 2017, Gonzalez, represented by Tim McCarthy,
entered a written plea of guilty to driving while barred. An
order accepting the written plea agreement was entered on the
April 19, Gonzalez filed a pro se motion in arrest of
judgment,  asserting:
After revi[ew]ing the Iowa [department of transportation] DOT
official driving record, the [Des Moines Police Department]
DMPD incident report and Iowa courts online, it has come to
my attention that my records and that of these three entities
are wrong it seems that they have me confused for another
individual with my same name and I should not have even
be[e]n barred at the time of incident. If I were to be
incarcerated it would on false pretence. Will explain at
24, Gonzalez, now represented by Katharine Massier, filed a
"withdrawal of motion in arrest of judgment/dismiss
November 13, Gonzalez filed a pro se "motion to
dismiss" in which he asserted a conflict of interest
with his attorney and a claim of ineffective assistance of
counsel. He alleged he had not agreed to counsel's motion
to withdraw the motion in arrest of judgment and that his due
process rights had been violated.
December 4, 2017, the court appointed attorney Jonah Dyer to
represent Gonzalez. On January 5, 2018, a hearing was held at