State of Iowa
v.
Thomas Alvin Monson
Appellee
State of Iowa
Appellant
Thomas Alvin Monson
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Attorney for the Appellant
John J. Sullivan
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Winneshiek County, John J. Bauercamper, Judge. POSSESSION OF CONTRABAND CONVICTION AND SENTENCE VACATED AND CASE REMANDED FOR FURTHER PROCEEDINGS. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (8 pages)
Thomas Monson appeals his conviction, following an Alford plea, of possessing contraband in a jail. He argues his counsel rendered ineffective assistance in allowing him to plead guilty absent a sufficient factual basis to support his plea. OPINION HOLDS: We find counsel was ineffective as alleged. Because there may be additional facts and circumstances not appearing in the record that would support an inference Monson knew he was in the possession of the marijuana, we vacate Monson’s conviction and sentence for that charge and remand for further proceedings.