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State of Iowa
v.
Alfred Joe Ray Gomez
Appellee
State of Iowa
Appellant
Alfred Joe Ray Gomez
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
Matthew R. Metzgar
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Todd A. Hensley, District Associate Judge. CONVICTION AFFIRMED. SENTENCE VACATED. CASE REMANDED FOR RESENTENCING. Considered by Bower, P.J., McDonald, J., and Carr, S.J. Opinion by Carr, S.J. (5 pages)
Alfred Joe Ray Gomez appeals the judgment and sentence entered after he entered an Alford plea to operating a motor vehicle while under the influence (OWI), third offense, as an habitual offender. OPINION HOLDS: I. Gomez contends his trial counsel was ineffective in failing to file a motion in arrest of judgment challenging the knowing and voluntary nature of his plea. As it relates to the habitual-offender enhancement, his challenge is moot. As it relates to the OWI, third offense conviction, the record is insufficient for us to conclude that, but for the claimed deficiency, Gomez would have insisted on trial rather than entering his plea. Therefore, we preserve his ineffective-assistance claim for potential postconviction proceedings for purposes of the OWI, third offense conviction. II. Applying the habitual-offender enhancement to the sentence for OWI, third offense is an illegal sentence not authorized by statute.
