Opinion
No. 2-094 / 01-0630.
Filed March 13, 2002.
Appeal from the Iowa District Court for Polk County, SCOTT ROSENBERG, Judge.
Marshall Neal appeals from the judgment and sentence entered on his guilty plea to conspiracy to manufacture controlled substances. AFFIRMED.
Tiffany Koenig and Christopher Kragnes, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Cristen Odell, Assistant Attorney General, John Sarcone, County Attorney, and Daniel Voogt, Assistant County Attorney, for appellee.
Considered by HUITINK, P.J., and VOGEL and EISENHAUER, JJ.
Marshall Neal appeals from the judgment and sentence entered on his guilty plea to conspiracy to manufacture controlled substances, in violation of Iowa Code section 124.401(1)(b)(7) (1999). Neal argues he was denied his Sixth Amendment right to counsel because his attorney was ineffective. Specifically, he contends counsel was ineffective in failing to accurately explain the amount of prison time he would serve under various proffered plea agreements.
We ordinarily preserve claims of ineffective assistance of counsel raised on direct appeal in postconviction proceedings to allow full development of the facts surrounding counsel's conduct. State v. Atley, 564 N.W.2d 817, 833 (Iowa 1997). Only in rare cases will the trial record alone be sufficient to resolve the claim. Id. "Even a lawyer is entitled to his day in court, especially when his professional reputation is impugned." State v. Kirchner, 600 N.W.2d 330, 335 (Iowa Ct. App. 1999) (quoting State v. Coil, 264 N.W.2d 293, 296 (Iowa 1978)). The parties concede the record is inadequate to address Neal's ineffective assistance of counsel claim. We agree and accordingly preserve Neal's claim for postconviction proceedings. Because Neal cites no other error necessitating our consideration, we affirm the district court decision.
AFFIRMED.