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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:
Date Published:
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.