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Case No. 19-0952

State of Iowa
v.
Adam Crary

Appellee

State of Iowa

Appellant

Adam Crary

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Attorneys for Appellant

John J. Sullivan

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0952
Date Published:
May 13, 2020
Summary

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A defendant appeals from plea proceedings in which he was convicted of sexual abuse in the third degree.  He alleges he received ineffective assistance of counsel.  OPINION HOLDS: Of the three claims of ineffective assistance of counsel raised on appeal, two should be preserved for possible future postconviction-relief proceedings, where the record can be further developed.  However, we reject on direct appeal the defendant’s claim that his counsel was ineffective for failing to object to a lack of a factual basis to support the plea, as such an objection would have been meritless given the content of the minutes of testimony and the defendant’s admissions during the plea colloquy.  The conviction is affirmed.

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