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State v. Smith

Court of Appeals of Iowa
Dec 30, 2002
No. 2-961 / 02-0679 (Iowa Ct. App. Dec. 30, 2002)

Opinion

No. 2-961 / 02-0679.

Filed December 30, 2002.

Appeal from the Iowa District Court for Scott County, MARK J. SMITH and DAVID H. SIVRIGHT, Jr., Judges.

Smith contends his trial counsel was ineffective in failing to challenge the court's omission of sentence information during his guilty plea colloquy. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Dennis Hendrickson, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Richard Bennett, Assistant Attorney General, William Davis, County Attorney, and Jerald Feuerback, Julie Walton, and Don Frank, Assistant County Attorneys, for appellee.

Considered by HUITINK, P.J., and MAHAN and VAITHESWARAN, JJ.


DeShawn Smith pled guilty to second-degree robbery. At the plea proceeding, the district court did not advise him he would have to serve 85% of his sentence before he was eligible for parole or work release. See Iowa Code §§ 902.12; 903A.2(1)(b) (2001). On appeal, Smith contends his attorney was ineffective in failing to challenge this omission. We preserve this issue for postconviction relief.

AFFIRMED.


Summaries of

State v. Smith

Court of Appeals of Iowa
Dec 30, 2002
No. 2-961 / 02-0679 (Iowa Ct. App. Dec. 30, 2002)
Case details for

State v. Smith

Case Details

Full title:STATE OF IOWA, Plaintiff-Appellee, v. DESHAWN DUPREE SMITH…

Court:Court of Appeals of Iowa

Date published: Dec 30, 2002

Citations

No. 2-961 / 02-0679 (Iowa Ct. App. Dec. 30, 2002)