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Case No. 18-1645

State of Iowa
Paul A. Garrity


State of Iowa


Paul A. Garrity

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Thomas M. McIntee

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 18, 2020

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (12 pages)

            The defendant appeals from a sentence imposed following guilty plea proceedings.  OPINION HOLDS: We deny two of the defendant’s ineffective-assistance-of-counsel claims and as the record is insufficient for review of the remaining ineffective-assistance-of-counsel claims, we preserve them for a possible future postconviction proceeding.  We reject defendant’s argument that the trial court violated Iowa Rule of Criminal Procedure 2.8 when it added a late-fee provision to the sentencing order, and we find no violation of defendant’s due process rights.

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