State of Iowa
v.
Joseph Eugene Peck
Appellee
State of Iowa
Appellant
Joseph Eugene Peck
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Karmen Anderson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Brad McCall, Judge. APPEAL DISMISSED. Considered by Mullins, P.J., Ahlers, J., and Blane, S.J. Opinion by Blane, S.J. (6 pages)
In this direct appeal from a guilty plea Joseph Peck claims he has good cause to appeal, that his plea counsel was ineffective, and that Iowa Code sections 814.6(1)(a)(3) and 814.7 (2019) are unconstitutional as violating separation-of-powers, due process, and equal protection. OPINION HOLDS: Under Iowa Supreme Court precedent, which we must follow, these code sections are not unconstitutional, Peck has not shown good cause to appeal from his guilty plea, and he is not permitted to raise ineffective-assistance-of-counsel claims in this direct appeal, so we must dismiss the appeal.
