State of Iowa v. Preston Roby
16-0191
| Iowa Ct. App. | Aug 17, 2016Background
- Roby was charged with driving while barred, an aggravated misdemeanor under Iowa Code § 321.561, on December 17, 2014.
- On October 29, 2015, Roby entered a written guilty plea admitting he drove on November 9, 2014 while his license was barred.
- The district court sentenced Roby to 21 days in jail, to run concurrently with another case.
- There was no verbatim transcript of the guilty-plea proceedings, and Roby’s counsel did not file a motion in arrest of judgment.
- Roby appeals claiming ineffective assistance of counsel based on the failure to challenge the plea under Rules 2.8 and 2.10.
- The court holds the claim is preserved for postconviction relief due to an inadequate record for direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel's failure to file a motion in arrest of judgment constitutes ineffective assistance | State argues no prejudice shown and waivers comply with Rule 2.8/2.10. | Roby contends procedural violations render the plea invalid and counsel ineffective. | Record inadequate to decide merits; conviction affirmed; issue preserved for postconviction relief. |
| Whether the record on direct appeal is sufficient to resolve the ineffective-assistance claim | State maintains record supports waivers and no prejudice. | Roby asserts the record is insufficient to assess plea validity and counsel performance. | Record is inadequate; claim preserved for postconviction relief. |
Key Cases Cited
- State v. Straw, 709 N.W.2d 128 (Iowa 2006) (ineffective-assistance standard on direct appeal; requires adequate record)
- State v. Clay, 824 N.W.2d 488 (Iowa 2012) (de novo review for ineffective-assistance claims)
- Ledezma v. State, 626 N.W.2d 134 (Iowa 2001) (prejudice element for ineffective assistance may be addressed on collateral review)
- State v. Johnson, 784 N.W.2d 192 (Iowa 2010) (claims on direct appeal require adequate record; otherwise preserved for postconviction relief)
- State v. Hallock, 765 N.W.2d 598 (Iowa Ct. App. 2009) (defendant must show reasonable probability of trial-advancing result to prove prejudice)