Opinion
No. 3-985 / 03-1139.
Filed January 14, 2004.
Appeal from the Iowa District Court for Story County, Timothy J. Finn and William J. Pattinson, Judges.
Cannon appeals his conviction and sentence for conspiracy to commit a felony in violation of Iowa Code section 706.1(1)(a) and tampering with anhydrous ammonia equipment in violation of Iowa Code section 124.401F (2001). AFFIRMED.
Linda Del Gallo, State Appellate Defender, and James Tomka, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Richard Bennett, Assistant Attorney General, Stephen Holmes, County Attorney, and James Scheetz and Stephen Lickiss, Assistant County Attorneys, for appellee.
Considered by Vogel, P.J., and Hecht and Vaitheswaran, JJ.
Matthew Cannon pled guilty to conspiracy to commit a felony and tampering with anhydrous ammonia. Iowa Code §§ 706.1(1)(a), (b), 706.3, 124.401F (2001). On appeal, Cannon contends his trial attorney coerced him into pleading guilty to crimes he did not commit, rendering his plea involuntary. We find the record sufficient to address this ineffective assistance of counsel claim. See State v. Shearon, 660 N.W.2d 52, 54 (Iowa 2003).
On our de novo review, we find no evidence of coercion. At the plea proceeding, the district court specifically asked Cannon whether his plea resulted from a threat. Cannon answered, "[n]o." The court also asked him whether, other than the plea agreement, anyone made any promise of leniency or other promises to get him to plead guilty. Again, Cannon answered, "[n]o, sir." Finally, the court asked him, "[a]re you pleading guilty of your own free will and because you are, in fact, guilty?" Cannon answered, "[y]es, sir." Cannon admitted that he "set out to get anhydrous to manufacture methamphetamine" and agreed "with someone else to do this." He further admitted that he "was trying to crack the tank to get anhydrous out of the tank when the police caught" him.
Based on this record, we reject Cannon's ineffective assistance of counsel claim and affirm his judgment and sentences. See State v. Speed, 573 N.W.2d 594, 596-97 (Iowa 1998) (rejecting claim of attorney coercion based on record created at plea proceeding).