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Case No. 17-1528

State of Iowa
v.
Nancy Kay Elizabeth Hoffman

Appellee

State of Iowa

Appellant

Nancy Kay Elizabeth Hoffman

Attorney for the Appellee

Thomas E. Bakke, Assistant Attorney General

Attorney for the Appellant

Micki M. Meier

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1528
Date Published:
Oct 10, 2018
Summary

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (15 pages)

            Nancy Hoffman appeals her conviction and sentence following her guilty plea to operating while under the influence (OWI), second offense.  Her appeal was consolidated with her appeal of the revocation of her probation and deferred judgment from a prior conviction.  Hoffman asserts the court erred in accepting her guilty plea, in sentencing her, and in finding a probation violation had occurred.  Hoffman also asserts her trial counsel was ineffective in allowing her to plead guilty to OWI, second offense, without a factual basis and because her plea was not given knowingly, voluntarily, or intelligently.  OPINION HOLDS: Because there was a factual basis for Hoffman’s guilty plea to OWI, second offense, counsel was not ineffective in that regard.  Because Hoffman stipulated she violated the terms of probation, the court did not err in revoking her probation and deferred judgment.  We affirm Hoffman’s conviction, revocation, and sentences.  Because the record is inadequate to address Hoffman’s other ineffective-assistance-of-counsel claims, we preserve those claims for potential postconviction-relief proceedings.

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