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Case No. 18-1814

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:
18-1814
Date Published:
Jan 09, 2020
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.

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