from the Iowa District Court for Polk County, Heather L.
Lauber (guilty plea) and Robert J. Blink (sentencing),
Drane appeals the judgment and sentence imposed after
pleading guilty to being a felon in possession of a firearm
and operating a motor vehicle while intoxicated.
Harrington of Harrington Law LC, Urbandale, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
Drane appeals the judgment and sentence imposed after his
September 21, 2018 guilty pleas to being a felon in
possession of a firearm and operating a motor vehicle while
intoxicated. He contends his firearm plea was not knowingly
and voluntarily entered and plea counsel was ineffective in
failing to file a motion in arrest of judgment. We affirm.
plea hearing, the State explained, "Your Honor, the plea
agreement simply calls for the defendant to plead guilty as
charged to the two counts but have the right to argue for any
legal sentence. That's the agreement and in addition the
State will not seek habitual offender application." The
court informed Drane it was not bound by the recommendation
of either party at the time of sentencing. Drane responded he
factual basis for each charge was made on the record. With
respect to the felon-in-possession charge, the following
THE COURT: Did you know you had a firearm in your possession?
THE DEFENDANT: I don't remember picking it up or taking
it, I guess is what I should say.
THE COURT: Miss Turner [defense counsel], is there any
colloquy you would like to make with your client?
MS. TURNER: Real briefly, your Honor. Mr. Drane, first off
you recognize that you were previously convicted of ...