from the Iowa District Court for Scott County, Stuart P.
Miller appeals the denial of postconviction relief.
Brian Weiler, Davenport, for appellant.
J. Miller, Attorney General, and Sheryl Soich, Assistant
Attorney General, for appellee State.
Considered by Bower, C.J., and May and Greer, JJ.
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.
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:
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.
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