Kelvin Lee Plain Jr.
v.
State of Iowa
Appellant
Kelvin Lee Plain Jr.
Appellee
State of Iowa
Attorney for the Appellant
Roger L. Sutton
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
