Opinion
No. 3-899 / 03-0516.
Filed January 14, 2004.
Appeal from the Iowa District Court for Scott County, Mary E. Howes, District Associate Judge.
Dumerauf appeals her conviction for third-degree theft. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Tricia Johnston, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Bridget Chambers, Assistant Attorney General, William Davis, County Attorney, and Marc Gellerman, Assistant County Attorney, for appellee.
Considered by Vogel, P.J., and Hecht and Vaitheswaran, JJ.
Teresa Dumerauf pled guilty to third-degree theft in violation of Iowa Code sections 714.2(3) and 714.1(1) (2001). On appeal, her primary contention is that her plea lacked a factual basis and trial counsel was ineffective in allowing her to enter it. She also maintains counsel should have filed a motion in arrest of judgment and should have insisted that the district court better inform her of the nature of the offense. We preserve these ineffective-assistance-of-counsel claims for postconviction relief to allow trial counsel an opportunity to respond to them. See ate v. Shortridge, 589 N.W.2d 76, 84 (Iowa Ct. App. 1998).