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State of Iowa
v.
Elisa Marie Walker
Appellee
State of Iowa
Appellant
Elisa Marie Walker
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
R. Ben Stone
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge. AFFIRMED. Heard by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Doyle, J. (11 pages)
Eliza Walker appeals after pleading guilty to one count of second-degree theft and one count of identity theft. She contends her counsel was ineffective in allowing her to plead guilty when questions existed concerning her competency. OPINION HOLDS: Although the record at the time of the plea hearing raises a question as to Walker’s competence, there is no medical evidence concerning her ability to appreciate the charges she was facing, understand the proceedings, or assist effectively in her defense. Therefore, we preserve Walker’s ineffective-assistance claim for postconviction relief, which is the appropriate forum to conduct an evidentiary hearing to determine the validity of her claim.
