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State v. Quigley

Court of Appeals of Iowa

June 19, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
GREGG PATRICK QUIGLEY, Defendant-Appellant.

          Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.

         A defendant appeals his conviction for theft in the third degree.

          Kevin E. Hobbs, West Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Thomas J. Ogden, Assistant Attorney General, for appellee.

          Considered by Vogel, C.J., and Mullins and Bower, JJ.

          BOWER, JUDGE.

         Gregg Quigley appeals his conviction for theft in the third degree. We find Quigley's claims of ineffective assistance by defense counsel during his guilty plea proceeding should be preserved for possible postconviction proceedings and find the court did not abuse its discretion in setting the amount of restitution in the sentencing order. We affirm Quigley's conviction.

         I. Background Facts & Proceedings

         According to the minutes of testimony, over the course of several months, Quigley engaged in a scheme with Steven Wise, an employee of a convenience store in Indianola, in which Wise permitted Quigley to take items from the store without paying for them and Wise gave Quigley money from the cash register. Quigley and Wise would later meet and split the proceeds from the thefts. At times, Quigley's girlfriend accompanied him and also took items from the store.

         On December 20, 2017, the County Attorney's Office filed a Verification of Loss Report in Quigley's case showing the convenience store had losses of $417.54. A police report stated, "Quigley stole $417.54 worth of merchandise," Wise took merchandise worth $1871.38, and Quigley's girlfriend took merchandise worth $664.53. Quigley was charged with theft in the third degree[1] and conspiracy to commit theft as a habitual offender.

         In a written plea agreement, Quigley pled guilty to third-degree theft, in violation of section 714.2(3), an aggravated misdemeanor. The State agreed to dismiss the charge of conspiracy to commit theft as a habitual offender.[2] Quigley provided a factual basis for the plea:

I did take merchandise valued at $417.54 from the Indy 66 without paying full price. I understand the price I paid was not the correct price and I did not have the right to pay that price. I have been previously convicted of thefts and was represented by counsel in 2000 in Polk County and 2005, 2012 in Marshall County.

         The written plea agreement provided the parties would recommend a term of imprisonment not to exceed two years and the State was requesting "Victim restitution in the amount of $2, 953.45." The court accepted Quigley's guilty plea.

         Quigley filed a motion in arrest of judgment, stating he "dispute[d] the total value of restitution required by the plea agreement and believe[d] the plea was not completed properly." At the sentencing hearing, Quigley withdrew his motion in arrest of judgment. Defense counsel and the prosecutor recommended Quigley serve a term of imprisonment not to exceed two years. The State asserted Quigley should pay restitution of $2953.45. The court ...


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