State of Iowa v. Todd Terrance Larue, 16-0544

Todd Larue pleaded guilty to OWI (third offense, class D felony) and three counts of driving while barred after plea agreement; State recommended concurrent sentences and consideration for a 321J program.
Charges originated from Butler and Franklin Counties with pleas accepted on March 23, 2016; Larue requested immediate sentencing.
At sentencing the court asked, “Mr. Larue, is there anything you would like to say?” and Larue responded, “No, Your Honor.”
The court imposed concurrent prison terms: up to five years for OWI and two years for each driving-while-barred count.
On appeal Larue claimed (1) denial of his right of allocution and (2) ineffective assistance of counsel for failing to advise about immigration consequences of his guilty pleas.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Right of allocution	State: court afforded Larue an opportunity to speak; question satisfied rule	Larue: the court’s single question did not adequately inform him of his absolute right to speak	Court: No denial; substantial compliance with Iowa R. Crim. P. 2.23(3)(d) was met
Ineffective assistance (immigration advice)	State: record does not show counsel was ineffective; no facts in record on citizenship or prejudice	Larue: counsel failed to advise guilty pleas could affect federal immigration status	Court: Record inadequate to decide; preserved claim for possible postconviction relief

State v. Cheatheam, 569 N.W.2d 820 (Iowa 1997) (appellate review of sentencing requires showing of abuse of discretion)
State v. Nosa, 738 N.W.2d 658 (Iowa 2007) (substantial compliance with allocution rule suffices; no particular language required)
State v. Carroll, 767 N.W.2d 638 (Iowa 2009) (preserve ineffective-assistance claims for postconviction proceedings when record is inadequate)
State v. Biddle, 652 N.W.2d 191 (Iowa 2002) (postconviction proceedings appropriate to develop record and allow counsel to respond)