State of Iowa
v.
Adam Crary
Appellee
State of Iowa
Appellant
Adam Crary
Attorney for the Appellee
Tyler J. Buller, Assistant Attorney General
Attorney for the Appellant
John J. Sullivan
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
