Opinion
No. 1-884 / 00-1522.
Filed January 28, 2002.
Appeal from the Iowa District court for Cerro Gordo County, PAUL W. RIFFEL, Judge.
Bradley Lee Winters appeals the district court's denial of his application for postconviction relief. AFFIRMED.
Steven VandenBerg, Mason City, for appellant.
Thomas J. Miller, Attorney General, Linda Hines, Assistant Attorney General, and Paul L. Martin, County Attorney, for appellee.
Considered by VOGEL, P.J., and MILLER and EISENHAUER, JJ.
Bradley Lee Winters appeals the district court's denial of his application for postconviction relief from his 1996 conviction of child endangerment in violation of Iowa Code section 725.6(1)(a) (1995). He contends trial counsel was ineffective in allowing him to sign the plea agreement, allowing him to plead guilty when no factual basis existed, and in failing to pursue an amendment from the charge of child endangerment to failure to secure a child in proper restraints. He further contends appellate counsel was ineffective in failing to fully raise the issues he was appealing.
We review defendant's claims de novo. See Ledezma v. State, 626 N.W.2d 134, 141 (Iowa 2001). In order to prevail, Winters must prove by a preponderance of the evidence deficient performance and prejudice. Id. at 142.
We find Winters has failed to sustain his burden. Although Winters claims his trial counsel altered the written plea of guilty after he signed it, we concur with the district court's finding that there is no credible evidence to establish this allegation. Additionally, the evidence contradicts defendant's assertion that trial counsel failed to pursue an amendment to the trial information to include a charge of violating the child restrain devices law. His trial counsel testified the county attorney would not accept any plea agreement that did not include a plea of guilty to child endangerment. We also find defendant's claim that trial counsel was ineffective in allowing him to plead guilty when no factual basis existed is barred because it was resolved on direct appeal. See Iowa Code § 822.8 (1999). Finally, we conclude defendant's appellate counsel was not ineffective in failing to raise these issues because Winters has failed to show a reasonable probability he would have prevailed on these claims had they been raised in direct appeal. See Ledezma 626 N.W.2d at 141.
We affirm the district court's denial of defendant's application for postconviction relief.
AFFIRMED.