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State v. Drane

Court of Appeals of Iowa

October 9, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
HAMILTON S. DRANE, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Heather L. Lauber (guilty plea) and Robert J. Blink (sentencing), Judges.

         Hamilton 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.

          Seth Harrington of Harrington Law LC, Urbandale, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          BOWER, JUDGE.

         Hamilton 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.[1] We affirm.

         At the 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 understood.

         A factual basis for each charge was made on the record. With respect to the felon-in-possession charge, the following colloquy occurred:

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 ...

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