Opinion
No. 4-535 / 04-0039.
September 9, 2004.
Appeal from the Iowa District Court for Scott County, Mary E. Howes, District Associate Judge.
Terrence Lee Hayes appeals from the judgments and sentences entered by the district court following his guilty pleas to two counts of driving under suspension while barred as an habitual offender in violation of Iowa Code sections 321.555(1) and 321.561 (2003) and possession of a controlled substance in violation of Iowa Code section 124.401(5). AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Shellie Knipfer, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Linda Hines, Assistant Attorney General, William Davis, County Attorney, and Marc Gellerman and Alan Havercamp, Assistant County Attorneys, for appellee.
Considered by Mahan, P.J., and Miller and Vaitheswaran, JJ.
Terrence Hayes appeals from the judgments and sentences entered by the district court following his guilty pleas to two counts of driving under suspension while barred as an habitual offender in violation of Iowa Code sections 321.555(1) and 321.561 (2003) and possession of a controlled substance in violation of Iowa Code section 124.401(5). Specifically, he contends the district court erred by failing to substantially comply with the requirements of Iowa Rule of Criminal Procedure 2.8(2)( b). Alternatively, Hayes asserts his trial counsel was ineffective because defense counsel neither ensured compliance with rule 2.8(2)( b), nor filed a motion in arrest of judgment. We affirm.
This is a companion case to State v. Hayes, No. 04-0042 (Iowa Ct. App. M/D, 2004) ( Hayes II), and State v. Hayes, No. 04-0043 (Iowa Ct.App. M/D, 2004) ( Hayes III), which we file today. Because the three cases are so similar, it is unnecessary to detail the facts involved in this appeal. The pertinent facts are fully set forth in Hayes III.
The issues raised by Hayes in this appeal are also thoroughly discussed and analyzed in Hayes III. We adopt, in full, the analysis set forth in Hayes III. Thus, we conclude Hayes is barred under Iowa Rule of Criminal Procedure 2.24(3)( a) from attacking the district court's acceptance of his guilty plea and that his claim of ineffective assistance of counsel is without merit. We deem it unnecessary to review these matters or to further discuss the law in relation thereto.