Case No. 24-0292

Neil Sean Evans
v.
State of Iowa

Appellant

Neil Sean Evans

Appellee

State of Iowa

Attorney for the Appellant

Richard Hollis

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Summary

            Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (6 pages)

            Neil Evans challenges the denial of his PCR application after he pled guilty to OWI, third offense.  Evans argued he received ineffective assistance from trial counsel, who failed to advise him that if he pled guilty he could not challenge the district court’s denial of his motion to suppress.  The State responds both that counsel did not have a duty to advise Evans and that Evans failed to establish he was prejudiced.  OPINION HOLDS: Because the Iowa Rules of Criminal Procedure fail to establish that counsel must inform accused of the forfeiture of the right to appeal a suppression ruling under prevailing standards of professional norms, we affirm the decision of the district court.