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Postconviction relief; Procedure; Postconviction trial;
Constitutional rights; No constitutional right to counsel;
Inquiry into waiver of right to counsel or appointment sua
sponte.
Wise v.
State, 708 N.W.2d 66 (Iowa 1/6/06). Postconviction court
did not err in failing to make further inquiry of guilty-plea
defendant/petitioner's self-representation during
postconviction proceedings. Petitioner claimed that her trial
counsel had told her she would get a deferred sentence if she
pled guilty. That allegation was directly contradicted by the
overwhelming record evidence. As such, the district court's
failure to inquire into petitioner's right to counsel and
failure to appoint counsel was not error.
Sentencing;
Sentencing hearing; Statement of reason on record; purpose of
requirement
State v.
Alloway, 707 N.W.2d 582 (Iowa 1/6/06) Twin requirements exist
with respect to statement of reasons for sentence: the reasons
must be given, and a record must be made of those reasons.
When a defendant enters a written waiver to his right to
appear at sentencing and also waives the right to have the
reasons for sentencing stated on the record in an indictable
misdemeanor case, the waiver of personal appearance must be
approved by the court. Where, as here, the court rejected
defendant's written waiver and required his appearance,
defendant's waiver of the right to have reasons for sentencing
stated on the record was vitiated. The district court was
therefore required to state reasons for the sentence, unless
defendant provided a new waiver of that requirement, which he
did not do. Because no record was made, defendant waived any
error in this regard. Considered as a claim of ineffective
assistance of counsel for failing to create a record,
defendant is still unable to satisfy the prejudice prong as he
could not allege "some reason or some particular circumstances
that a record in the case would have brought to light to
support an abuse of discretion in the imposition of the
sentence." Therefore, defendant waived his claim and is unable
to demonstrate the prejudice prong of an ineffective
assistance of counsel claim so as to be unentitled to relief.
(Court again urges the district courts to "fastidiously follow
the reason-for-the-sentence requirements, absent a clear
record supporting a waiver of the twin requirements, to head
off the myriad challenges and claims that seem to arise when
defendants are sentenced to incarceration without a record of
the reasons for sentence.")
Appeals;
Further Review; Scope of Review
State v.
Allen, 708 N.W.2d 361 (Iowa 1/20/06). The Court has the
discretion "to review any issue raised on appeal regardless of
whether such issue is expressly asserted in an application for
further review."
Guilty pleas;
factual basis requirement; Rule; Effect of absence of factual
basis.
State v.
Allen, 708 N.W.2d 361 (Iowa 1/20/06). "The proper remedy
when counsel fails to perform an essential duty by not
challenging a plea for lack of a factual basis when the plea
is a result of a plea bargain is to invalidate the entire plea
bargain, including the dismissal of the possession with intent
to deliver charge and the plea to section 719.7, and remand
the case to the district court....On remand, the State may
reinstate any charges dismissed in contemplation of a valid
plea bargain, if it so desires, and file any additional
charges supportable by the available evidence."
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