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Case No. 18-0039

State of Iowa
v.
Elisa Marie Walker

Appellee

State of Iowa

Appellant

Elisa Marie Walker

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

R. Ben Stone

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0039
Date Published:
Nov 21, 2018
Summary

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (11 pages)

            Eliza Walker appeals after pleading guilty to one count of second-degree theft and one count of identity theft.  She contends her counsel was ineffective in allowing her to plead guilty when questions existed concerning her competency.  OPINION HOLDS: Although the record at the time of the plea hearing raises a question as to Walker’s competence, there is no medical evidence concerning her ability to appreciate the charges she was facing, understand the proceedings, or assist effectively in her defense.  Therefore, we preserve Walker’s ineffective-assistance claim for postconviction relief, which is the appropriate forum to conduct an evidentiary hearing to determine the validity of her claim. 

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