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Case No. 18-1510

State of Iowa
Derek A. Westwater


State of Iowa


Derek A. Westwater

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Nate Nieman

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 01, 2019

            Appeal from the Iowa District Court for Lee (South) County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Per Curiam.  (7 pages)

            Derek Westwater appeals his conviction for harassment in the first degree.  OPINION HOLDS:  We find Westwater failed to show he received ineffective assistance because defense counsel permitted him to plead guilty to a count where there was not a factual basis, as there was a sufficient factual basis for the plea.  We affirm Westwater’s conviction.

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