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Case No. 18-0482

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:
18-0482
Date Published:
Jan 23, 2019
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.

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