State v. Henderson
2011 Iowa App. LEXIS 767
| Iowa Ct. App. | 2011Background
- Henderson admitted taking a Nintendo DSI from Target valued at $169.99 and possessed an anti-theft removal tool.
- He had prior theft convictions in Ohio (1993 and 2007) and pleaded guilty to theft in the third degree and possession of a theft-detection removal device as part of a plea agreement.
- The State charged seven counts, including conspiracy, multiple thefts, ongoing criminal conduct, and possession of a theft-detection device; remaining charges were dismissed as part of the plea.
- The court sentenced Henderson to a two-year suspended term for theft and a 365-day suspended term for the device, concurrent, with one year supervised probation and restitution.
- Henderson appealed claiming his counsel was ineffective for not arguing that Iowa Code section 714.2(3) cannot be enhanced by out-of-state convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 714.2(3) permits out-of-state prior theft convictions for enhancement | Henderson | Henderson | Out-of-state convictions may be used for enhancement |
| Whether counsel's performance was deficient for not raising that issue | Henderson | Henderson | Counsel did not breach an essential duty; argument meritless |
| Whether other challenged post-plea/offense defenses were ineffectively pursued | Henderson | Henderson | No ineffective-assistance shown; pled guilty and waivers affirmed |
Key Cases Cited
- State v. Simmons, 714 N.W.2d 264 (Iowa 2006) (ineffective assistance test requires duty and prejudice)
- State v. Horness, 600 N.W.2d 294 (Iowa 1999) (strong presumption of competency; meritless objections not essential duties)
- State v. Fountain, 786 N.W.2d 260 (Iowa 2010) (issue must be worth raising; meritorious argument standard)
- State v. Johnson, 784 N.W.2d 192 (Iowa 2010) (adequacy of record; direct appeal of ineffective claims)
- State v. Schoelerman, 315 N.W.2d 67 (Iowa 1982) (test for merit-weight of statute interpretation)
- State v. Peterson, 347 N.W.2d 398 (Iowa 1984) (out-of-state convictions can be treated as in-state for certain statutes)
- State v. Albrecht, 657 N.W.2d 474 (Iowa 2003) (plain meaning governs statutory interpretation)
- State v. Olsen, 618 N.W.2d 346 (Iowa 2000) (avoidance of unintended consequences in interpreting recidivism statutes)
- State v. Bellows, 596 N.W.2d 509 (Iowa 1999) (enhancing penalties supports legislature's policy goals)
- State v. Hanna, 179 N.W.2d 503 (Iowa 1970) (definition of conviction in its technical legal sense)