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Case No. 18-2153

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

State of Iowa
v.
Hamilton S. Drane

Appellee

State of Iowa

Appellant

Hamilton S. Drane

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Seth Harrington

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2153
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber and Robert J. Blink, Judges. AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (4 pages)

            Hamilton Drane appeals the judgment and sentence imposed upon his September 21, 2018 guilty pleas to being a felon in possession of a firearm and operating a motor vehicle while intoxicated, contending his firearm plea was not knowingly and voluntarily entered and plea counsel was ineffective in failing to file a motion in arrest of judgment.  OPINION HOLDS: The record adequately establishes Drane was a felon in possession of a firearm, as shown by the guilty-plea colloquy and the minutes of testimony.  The colloquy also supports the court’s finding that Drane entered his plea voluntarily.  Because counsel has no duty to file a meritless motion, his ineffectiveness claim fails, and we affirm his convictions.

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