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Case No. 18-1854

For summaries from opinions prior to August, 2018, view PDF versions here

Mark Roger Scholtes
v.
State of Iowa

Appellant

Mark Roger Scholtes

Appellee

State of Iowa

Attorney for the Appellant

Sharon D. Hallstoos

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1854
Date Published:
Jun 19, 2019
Summary

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Mark Scholtes appeals the denial of his application for postconviction relief, raising claims of ineffective assistance of plea and postconviction counsel.  OPINION HOLDS: Because postconviction counsel raised and obtained a ruling on the precise issue Scholtes now raises, he could not have been ineffective.  We also conclude plea counsel was not ineffective in his advice about the possibility of consecutive sentences.  Accordingly, we affirm the postconviction court’s denial of Scholtes’ postconvicton-relief application.

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