Philip Eddie Stacy, Applicant-Appellant v. State of Iowa, 16-1190

Background

Philip Stacy pleaded guilty to second-degree sexual abuse (Iowa Code §709.3(2)) and one count of lascivious acts with a child; plea called for concurrent sentences (25 years with 70% mandatory minimum; 10 years concurrent).
Plea agreement and court colloquy expressly stated the 25-year maximum and 70% (17.5 years) minimum before parole eligibility.
Stacy did not appeal his convictions but later filed a postconviction-relief (PCR) application claiming ineffective assistance of trial counsel and PCR counsel.
His claims: counsel told him he would serve ~8 years, counsel failed to move to suppress photos/texts obtained by his wife, and counsel allowed a plea lacking a factual basis (victim’s age).
The district court denied relief, finding no evidence Stacy was misinformed about the mandatory minimum, the evidence his wife provided was not government action (so suppression was not warranted), and the plea had an adequate factual basis.
Stacy appealed; the Court of Appeals affirmed, concluding he failed to show deficient performance or prejudice by counsel (trial or PCR counsel).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel misinformed Stacy about the mandatory minimum sentence	Stacy: counsel (and county attorney) told him he would likely serve ~8 years; so plea was based on incorrect sentence expectation	State: plea agreement, court colloquy, and counsel’s testimony show Stacy was informed the 25‑year max and 70% (17.5 years) minimum	Denied — record shows Stacy was informed of 17.5‑year minimum; no deficient performance or prejudice
Whether counsel was ineffective for not moving to suppress photos/texts taken by Stacy’s wife	Stacy: evidence should have been suppressed; would have changed outcome	State: wife was not a government agent; evidence not suppressible; and guilty plea waives non-intrinsic claims absent showing plea would be involuntary	Denied — suppression unlikely; Stacy did not claim he would have refused plea and gone to trial
Whether counsel failed to ensure an adequate factual basis for second-degree sexual abuse (victim under 12)	Stacy: insufficient evidence victim was under 12	State: plea colloquy contains defendant’s admission that victim was under 12; factual basis satisfied	Denied — plea colloquy provided sufficient factual basis
Whether PCR counsel was ineffective for not claiming the court failed to personally inform Stacy of max/min sentences	Stacy: PCR counsel should have argued the court did not personally inform him as required by rule	State: prosecutor recited penalties at court’s request and defendant acknowledged understanding; no prejudice shown	Denied — information was given in open court; no reasonable probability outcome would differ

Key Cases Cited

State v. Maxwell, 743 N.W.2d 185 (Iowa 2008) (standard for ineffective-assistance review)
State v. Polly, 657 N.W.2d 462 (Iowa 2003) (applicant bears burden on ineffective-assistance elements)
Castro v. State, 795 N.W.2d 789 (Iowa 2011) (ineffective-assistance claims that survive guilty pleas require showing plea was rendered involuntary or unintelligent)
State v. Carroll, 767 N.W.2d 638 (Iowa 2009) (guilty plea waives non-intrinsic defenses and objections)
State v. Finney, 834 N.W.2d 46 (Iowa 2013) (counsel’s duty to ensure factual basis for plea)
State v. Myers, 653 N.W.2d 574 (Iowa 2002) (court may satisfy Rule 2.8(2)(b)(2) when prosecutor recites penalties at court’s request)
State v. Straw, 709 N.W.2d 128 (Iowa 2006) (prejudice requirement for plea‑related ineffective‑assistance claims)