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Robert John Thede
v.
State of Iowa
Appellant
Robert John Thede
Appellee
State of Iowa
Attorney for the Appellant
Chad R. Frese
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 Tama County, Chad Kepros, Judge. AFFIRMED ON APPEAL; REVERSED AND REMANDED ON CROSS-APPEAL. Considered by Vaitheswaran, P.J., Schumacher, J., and Carr, S.J. Opinion by Carr, S.J. (13 pages)
Robert Thede appeals the district court decision denying his request for postconviction relief (PCR). The State cross-appeals the court’s grant of relief on a sentencing issue. OPINION HOLDS: Thede has not shown he received ineffective assistance because defense counsel did not adequately explain to him the rights he was giving up by waiving his right to a jury trial or because defense counsel did not fully advise him regarding a proposed plea agreement where he would have pled guilty to indecent exposure. We find Thede did not prove he was prejudiced by counsel’s failure to object during the sentencing hearing and reverse the PCR court’s grant of relief on that ground.
