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Case No. 20-0732

Kelvin Lee Plain Jr.
v.
State of Iowa

Appellant

Kelvin Lee Plain Jr.

Appellee

State of Iowa

Attorneys for Appellant

Roger L. Sutton

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0732
Date Published:
May 26, 2021
Summary

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Kelvin Plain Jr. appeals the denial of his application for postconviction relief following pleas to possession of a controlled substance and eluding.  He contends trial counsel was ineffective in being unprepared for trial and threatening to withdraw if Plain did not plead guilty.  Next, he argues he was coerced into pleading guilty when he did not want to.  And finally he argues counsel caused him to lose time served on prior criminal cases when she had him plead guilty before the parole revocation hearing on the prior cases.  OPINION HOLDS: We find Plain has not carried his burden to show Smith breached any essential duty, either by threatening to withdraw, forcing him to take the plea, or causing him to lose time served with his parole revocation.  We affirm denial of postconviction relief.

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