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Case No. 18-1965

State of Iowa
Matthew Douglas Harbour


State of Iowa


Matthew Douglas Harbour

Attorney for the Appellee

Sheryl Soich, Assistant Attorney General

Attorney for the Appellant

Shawn Smith

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 01, 2020

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (7 pages)

            Matthew Harbour accepted a plea agreement in which the State agreed to dismiss the habitual-offender enhancement of his operating while intoxicated (OWI) third offense eight days before the ruling in Noll v. Iowa Dist. Ct. for Muscatine County, 919 N.W.2d 232, 235 (Iowa 2018), was published.  Harbour challenges the district court’s denial of his motion to sever a theft charge.  Harbour also alleges his trial attorney was remiss in not protesting the plea agreement as invalid.  OPINION HOLDS: Because Harbour pleaded guilty in open court, and acknowledged he was doing so knowingly and voluntarily, Harbour waived his right to appeal the adverse ruling on his motion to sever the theft charge.  Next, because we have no record to verify what advice counsel gave to Harbour or that counsel anticipated Noll, we cannot decide Harbour’s ineffective-assistance claim on direct appeal.

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