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Mille v. State

Court of Appeals of Iowa

January 9, 2020

JOSEPH LEE MILLER, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.

         Joseph Miller appeals the denial of postconviction relief. AFFIRMED.

          G. Brian Weiler, Davenport, for appellant.

          Thomas J. Miller, Attorney General, and Sheryl Soich, Assistant Attorney General, for appellee State.

          Considered by Bower, C.J., and May and Greer, JJ.

          BOWER, CHIEF JUDGE.

         Joseph Miller appeals the denial of his application for postconviction relief (PCR). Because Miller's PCR application was filed more than three years after his conviction was final and he has asserted no ground of fact material to his substantive claim that could not have been presented within the three-year time frame, see Iowa Code § 822.3 (2017), we affirm.

         On July 31, 2007, pursuant to a written plea Miller entered a plea of guilty to third-degree sex abuse (count 1) and indecent exposure (count 2). The memorandum of plea agreement-which bears Miller's signature-states, in part:

         All sentencing concessions part of the Agreement:

State recommends [ten] year suspended sentence with lifetime parole on count 1. Defendant shall be screened for [residential correctional facility] RCF and must participate in sex abuse therapy. State recommends a jail sentence of 300 days in the Scott County Jail on count 2.

(Emphasis added.)

         At the August 8 plea hearing, the following colloquy occurred:

THE COURT: Okay. There is a plea agreement here which states-that you have signed and your attorney has signed it-that states that you are pleading guilty to two charges, sex abuse third degree and indecent exposure, which we are doing now, and that the State recommends a ten-year suspended sentence with lifetime parole on count 1, and you will be screened for the RCF, and you have to participate in sex abuse therapy and that you get a sentence of 300 days in ...

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