Karebo Shimirimana v. State of Iowa
20-1329
| Iowa Ct. App. | Nov 23, 2021Background
- In 2015 Shimirimana was charged with first-degree robbery; four eyewitnesses (including victim and co-defendant) identified him with a gun.
- On May 23, 2016 he entered an Alford plea to reduced second-degree robbery as part of a plea agreement; sentencing was set after July 1 to account for an upcoming statutory change.
- On July 18, 2016 the court sentenced him to ten years with a six-year mandatory minimum; Shimirimana did not appeal the conviction.
- On June 22, 2017 Shimirimana filed a postconviction-relief (PCR) application claiming ineffective assistance of counsel: that counsel coerced him into pleading and misadvised him he would receive a five-year sentence (rather than a six-year mandatory minimum).
- After an August 2020 evidentiary hearing, the district court found the plea colloquy and record showed Shimirimana understood sentencing was discretionary and was not coerced; the court also found the State’s evidence strong and dismissed the PCR. Shimirimana appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel coerced Shimirimana into pleading by pushing an accelerated timeline | Counsel told him the offer would be withdrawn and trial would proceed next week, so he felt forced to accept | Record shows more than a month between offer presentation and plea; plea colloquy denies coercion; he withdrew counsel-request and had time to decide | No breach; plea voluntary — court credited colloquy and timeline |
| Whether counsel misadvised about mandatory minimum and caused prejudice (ineffective assistance) | Counsel said sentence would be five years; had he known of a six-year mandatory minimum he would have gone to trial | Plea agreement and court colloquy informed him sentencing discretion and statutory change; strong State evidence made trial risky | No prejudice or breach; claim not credible; PCR denied |
Key Cases Cited
- Ledezma v. State, 626 N.W.2d 134 (Iowa 2001) (standard and de novo review for constitutional PCR claims)
- Doss v. State, 961 N.W.2d 701 (Iowa 2021) (ineffective-assistance framework for guilty pleas: duty and prejudice where defendant would have insisted on trial)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice inquiry considers strength of State’s case)
- North Carolina v. Alford, 400 U.S. 25 (1970) (explanation of Alford plea)
- State v. Burgess, 639 N.W.2d 564 (Iowa 2001) (Iowa treatment and recognition of Alford pleas)