from the Iowa District Court for Warren County, Kevin A.
Parker, District Associate Judge.
defendant appeals his conviction for theft in the third
E. Hobbs, West Des Moines, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Vogel, C.J., and Mullins and Bower, JJ.
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
Background Facts & Proceedings
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.
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 and conspiracy to commit theft as 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. Quigley provided a factual basis for the
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.
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.
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 ...