State of Iowa
v.
Kyle Leonard Tjaden
Appellee
State of Iowa
Appellant
Kyle Leonard Tjaden
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Britt Gagne
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Doyle, P.J. (4 pages)
Kyle Tjaden appeals the judgment and sentence entered after pleading guilty to two counts of possession of a controlled substance and one count of fourth-degree theft. OPINION HOLDS: Because the date is not an element of possession of a controlled substance, Tjaden’s counsel did not breach an essential duty in allowing him to plead guilty when the written plea listed the wrong date of possession. We cannot determine whether Tjaden was prejudiced when his trial counsel failed to alert the district court that they did not inform Tjaden of the maximum possible sentence before accepting his plea. We preserve that claim and any others for postconviction relief.
