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Case No. 17-1226

Donald Joseph Dockery
v.
State of Iowa

Appellant

Donald Joseph Dockery

Appellee

State of Iowa

Attorneys for Appellant

Theresa R. Wilson, Assistant Appellate Defender

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1226
Date Published:
Nov 21, 2018
Summary

           Appeal from the Iowa District Court for Pottawattamie County, James M. Richardson, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (9 pages)

           Donald Dockery appeals the denial of his application for postconviction relief (PCR).  He contends: (1) his PCR counsel rendered ineffective assistance in not raising plea counsel’s failure to challenge the factual bases underlying the crimes of third-degree theft and ongoing criminal conduct and (2) the PCR court erred in denying relief on the claim that plea counsel was ineffective in failing to challenge the factual bases for another component of the theft charges.  OPINION HOLDS: We find plea counsel rendered ineffective assistance in failing to challenge the factual bases underlying Dockery’s guilty pleas to third-degree theft and PCR counsel rendered ineffective assistance in failing to recognize and raise the same issue in the PCR proceedings.  As such, we reverse the denial of PCR.  We remand the case to the district court to enter judgment in favor of Dockery finding plea counsel rendered ineffective assistance.  The district court shall order Dockery’s sentences be set aside and invalidate the entire plea agreement by vacating all convictions.  Subject to the provisions of Iowa Code section 802.9, the State may reinstate any charges dismissed as part of the plea agreement and file any additional charges supportable by the available evidence.  Based on our disposition, we find it unnecessary to consider Dockery’s remaining challenges. 

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