from the Iowa District Court for Polk County, Michael D.
Nucaro appeals the denial of his application for
postconviction relief. AFFIRMED.
Nicholas Einwalter, Des Moines, for appellant.
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee.
Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.
John Nucaro appeals the denial of his application for
postconviction relief (PCR). He claims the postconviction
court erred in finding his trial counsel did not provide
ineffective assistance and his probation revocation hearing
violated his procedural due process rights. We find Nucaro
waived any notice requirement and he failed to establish
ineffective assistance of counsel. We affirm.
Background Facts & Proceedings
September 8, 2016, Nucaro pleaded guilty to seven criminal
offenses arising from six separate criminal
cases. The court sentenced Nucaro to consecutive
sentences for a total of eighteen years of incarceration, but
the court suspended all the sentences and placed him on
probation at a residential facility.
probation officer filed a report of probation violation on
December 13, stating Nucaro had left the residential facility
program, failed to complete required programming, and failed
to make payments on his court costs and fees. On December 30,
Nucaro stipulated to violating his probation by absenting
himself from the residential treatment program. The court
ordered Nucaro to report to his probation officer by January
4, 2017, to reside at a residential facility as scheduled by
the probation officer, and pay all case-related financial
obligations. Nucaro states he tried to report to his
probation officer on January 4 and 5 and called several
times, but never connected with the officer.
second violation report was filed on February 9, 2017. This
violation report specified Nucaro had not made any payments
on his court-ordered fines and costs, a home visit by the
probation officer on January 11 revealed Nucaro did not live
at the address provided, and Nucaro failed to complete
residential treatment or to enroll in a domestic abuse
April 4, Nucaro was charged with an additional criminal
offense. The court addressed both the new charge and
Nucaro's probation violation at a May 10 hearing. In its
July 13, 2018 ruling, the postconviction court summarized the
underlying proceedings as follows:
At that hearing, an agreement was reached that Nucaro would
plead guilty to the [operating a motor vehicle without
owner's consent (OMVOC)] charge, and that he would agree
to have his probation revoked and be sentenced to a total of
[ten] years ([two] felonies consecutive to each other, with
the other charges concurrent). At the time this agreement was
reached, the new OMVOC charge had not been made a part of the
written report of violations filed by Nucaro's probation
officer. Likewise, no written stipulation was executed
specifying which terms of Nucaro's probation were agreed
had been violated. During the hearing that ensued, the terms
of the global resolution were dictated into the record by the
prosecutor. When offered his right of allocution on all
matters, Nucaro addressed the court as follows:
Well, Your Honor, I have to be honest because I'm a
pastor, and I screwed up. I had [thirteen] years, nine months
clean. I was a pastor for seven years. I went through a rough
divorce, and my kids haven't spoken to me in a couple of