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Case No. 18-0235

State of Iowa
v.
Prince Mellish

Appellee

State of Iowa

Appellant

Prince Mellish

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Attorney for the Appellant

Elizabeth Araguas

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0235
Date Published:
Mar 20, 2019
Summary

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Potterfield, JJ.  Opinion by Vogel, C.J.  (7 pages)

            Prince Mellish appeals his conviction and sentence for theft in the third degree.  He argues his counsel was ineffective for allowing him to sign a plea agreement that incorrectly states the law and for failing to correctly explain how his guilty plea would affect his immigration status.  OPINION HOLDS: We find the plea agreement correctly states he has an obligation to understand his immigration status and no prejudice resulted from his counsel’s claimed failure to investigate the divisibility of his theft charge.  Therefore, we affirm.         

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