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Case No. 23-0431

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

Michael Duane Smith
v.
State of Iowa

Appellant

Michael Duane Smith

Appellee

State of Iowa

Attorney for the Appellant

Rachel C. Regenold, Assistant Appellate Defender

Attorney for the Appellee

Anagha Dixit, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0431
Date Published:
Apr 10, 2024
Summary

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Michael Smith appeals the denial of his application for postconviction relief.  He asserts plea counsel provided ineffective assistance in two ways.  First, he claims that counsel ignored his directive to withdraw the guilty pleas unless the sentencing court agreed to run all his sentences concurrently.  Second, he argues that no factual basis existed for his plea to interference with official acts while displaying a dangerous weapon.  OPINION HOLDS: Plea counsel’s account, which the postconviction court found credible, was that Smith did not request to withdraw his pleas.  We decline to disturb that finding.  And we find the facts support the crime and form a factual basis for Smith’s plea of guilty.  Finding counsel did not fail in any professional duty, we do not address prejudice and affirm the denial of relief. 

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