State of Iowa v. Scott Carter Wells, 16-0326

Scott Carter Wells was charged in two separate informations for possession of controlled substances arising from two incidents; cases were docketed separately.
Wells pleaded guilty in one case to third-offense marijuana possession and in the other to second-offense hydromorphone possession, both under Iowa Code § 124.401(5).
The district court sentenced Wells to two consecutive indeterminate terms, each not to exceed two years.
Wells failed to appear at a rescheduled arraignment; the court issued a bench warrant after a second failure to appear.
On appeal Wells challenged (1) the issuance of the bench warrant and counsel’s failure to object, and (2) several ineffective-assistance-of-counsel claims related to suppression motions and appellate review.
The court held the plea waived most direct challenges but preserved ineffective-assistance claims for postconviction relief where the record was inadequate to resolve them on direct appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of bench warrant for failure to appear	Warrant was proper; clerk mailed notice and service by mail is sufficient	Wells: lacked notice of hearings; warrant improper	Guilty plea generally waives challenge; concurrence reaches merits and affirms warrant issuance because mailing presumptively effective and warrant issued only after second failure to appear
Ineffective assistance for failing to object to bench warrant	Waived by guilty plea; no prejudice shown	Counsel ineffective for not objecting to warrant	Waived by guilty plea; to the extent not waived, claim meritless for lack of shown prejudice
Ineffective assistance for failure to seek discretionary review of suppression denial	State defends counsel’s choice; no record adequate for review	Wells argues counsel should have sought discretionary review	Record inadequate to decide on direct appeal; preserved for postconviction relief
Ineffective assistance for failure to file suppression motion in other case	State defends outcome; procedural preservation preferred	Wells argues counsel should have moved to suppress	Record inadequate to resolve on direct appeal; preserved for postconviction relief

State v. Carroll, 767 N.W.2d 638 (Iowa 2009) (guilty plea waives defenses and objections not intrinsic to the plea)
State v. Tate, 710 N.W.2d 237 (Iowa 2006) (trial record is often inadequate to resolve ineffective-assistance claims on direct appeal)
In re S.P., 672 N.W.2d 842 (Iowa 2003) (notice to defendant implicates court’s jurisdiction and may not be waived by plea)