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Case No. 17-1783

William Earl Roby
State of Iowa


William Earl Roby


State of Iowa

Attorney for the Appellant

Bradley M. Bender, Assistant Appellate Defender

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 19, 2019

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (13 pages)

            William Roby appeals the denial of his application for postconviction relief.  On appeal, Roby claims his trial counsel provided ineffective assistance in allowing him to plead guilty to kidnapping in the third degree when there was an insufficient factual basis to support the plea.  Roby also claims his counsel provided ineffective assistance by failing to file a motion in arrest of judgment to challenge his guilty plea to the kidnapping charge.  He contends his guilty plea was not voluntarily and intelligently made due to counsel’s ineffective assistance during plea negotiations and during the guilty-plea proceedings.  Roby also raises pro se claims based upon his right of confrontation and a post-trial motion filed after the case was appealed.  OPINION HOLDS: We find a sufficient factual basis supports Roby’s guilty plea to kidnapping in the third degree and his trial counsel did not render ineffective assistance in not challenging his properly entered guilty plea.  We further find Roby’s trial counsel did not render ineffective assistance during plea negotiations or in allowing Roby to plead guilty to the kidnapping charge.  Roby’s guilty plea waived his claim concerning his right of confrontation.  The district court committed no error by not addressing Roby’s post-trial motion.

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