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.

State v. Cockhren

Court of Appeals of Iowa

May 1, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
RODNEY LEWIS COCKHREN, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.

         Rodney Cockhren appeals his conviction after pleading guilty to burglary in the second degree.

          Mark C. Smith, State Appellate Defender, (until withdrawal) and Robert P. Ranschau, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Genevieve Reinkoester, Assistant Attorney General, for appellee.

          Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.

          VOGEL, CHIEF JUDGE.

         Rodney Cockhren appeals his conviction and sentence after he entered into an Alford[1] plea for second-degree burglary. He claims he received ineffective assistance of counsel because his counsel allowed him to enter into the Alford plea despite a lack of factual basis for the plea. We find Cockhren may not rely on the additional minutes of evidence that were filed after his notice of appeal and find counsel was not ineffective because a factual basis exists for the plea.

         I. Background Facts and Proceedings

         On March 24, 2018, Cockhren attempted to see his ex-girlfriend at her residence. The two had previously lived together, but their five-month relationship and cohabitation ended one month prior to the March visit. The night of March 24, the ex-girlfriend reported Cockhren broke down her door, entered the residence, and strangled her. Cockhren was arrested and charged with burglary, two counts of domestic assault, and criminal mischief.

         On July 6, Cockhren entered an Alford plea for burglary in the second degree, in violation of Iowa Code section 713.5 (2018), and pled guilty to domestic abuse assault by impeding the air or blood flow of another and causing bodily injury, in violation of Iowa Code section 708.2A(5); criminal mischief in the third degree, in violation of Iowa Code section 716.1; and domestic abuse assault causing bodily injury or mental illness, in violation of Iowa Code section 708.2A(2)(b). He was sentenced to periods of incarceration not to exceed ten years for the burglary offense, five years for one domestic-abuse-assault offense, two years for the criminal-mischief offense, and one year for the second domestic-abuse-assault offense, all to be served concurrently. Cockhren filed his notice of appeal on July 11.

         The State filed additional minutes of evidence on July 25.[2] On November 26, the State moved to strike Cockhren's brief, arguing Cockhren could not rely on the additional minutes since it was filed after he appealed. Cockhren resisted the motion and claimed the additional minutes should be part of the record for many reasons. An order from our supreme court was filed on January 11, 2019, instructing the parties to brief the issue regarding the additional minutes of evidence.

         II. Standard of Review

         "A claim of ineffective assistance of counsel requires a de novo review because the claim is derived from the Sixth Amendment of the United States Constitution." Bowman v. State, 710 N.W.2d 200, 204 (Iowa 2006). This includes ineffective-assistance claims stemming from claims a guilty plea lacked a factual basis. State v. Keene, 630 N.W.2d 579, 581 (Iowa 2001). "Claims of ineffective assistance of counsel are generally preserved for postconviction relief proceedings. Where the record is adequate to address the issue, however, such claims will be considered on direct appeal." State v. Schminkey, 597 N.W.2d 785, 788 (Iowa 1999).

         III. Additional ...


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.