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Case No. 17-0960

Spencer A. Pierce
v.
State of Iowa

Appellant

Spencer A. Pierce

Appellee

State of Iowa

Attorneys for Appellant

Heidi Young

Attorneys for Appellee

Katie Krickbaum, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0960
Date Published:
May 15, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Carr, S.J.  Opinion by Carr, S.J.  (15 pages)

            Spencer Pierce appeals the denial of his application for postconviction relief.  He argues his trial counsel was ineffective for failing to take several actions: (1) file a motion to suppress evidence from the search of a residence; (2) properly argue the motion to suppress evidence from the search of a vehicle; (3) investigate a confidential informant; and (4) prepare for trial.  OPINION HOLDS: We find Pierce has not shown prejudice by proving, but for counsel’s claimed errors, he would have refused the plea bargain and proceeded to trial.  Furthermore, he has not proven: (1) the warrant to search the residence was impermissibly tainted by evidence from an illegal search and seizure or from inaccuracies in the application; (2) the warrant to search the vehicle was improperly rejected or the vehicle would not run properly with the evidence in place; (3) evidence from the confidential informant was beneficial to him; or (4) a lack of preparation for trial by counsel caused him to plead guilty.  Therefore, we affirm.

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