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Case No. 19-2149

Juan Alberto Flores
v.
State of Iowa

Appellant

Juan Alberto Flores

Appellee

State of Iowa

Attorneys for Appellant

Richard Hollis

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2149
Date Published:
Nov 04, 2020
Summary

            Appeal from the Iowa District Court for Webster County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (6 pages)

            Juan Alberto Flores appeals the denial of his application for postconviction relief.  OPINION HOLDS: Flores has failed to show his trial counsel breached a duty by allowing him to plead guilty without being properly advised about the mandatory minimum sentence where counsel moved in arrest of judgment on that basis, which Flores withdrew.  Counsel’s failure breached a duty in failing to ensure Flores was properly advised regarding his right to confront and cross-examine witnesses, but he is unable to show prejudice given the evidence against him.  Finally, Flores’s counsel had no duty to inform Flores regarding a possible future change to the robbery statute.

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