JOHN DEERING, Applicant - Appellant, vs. STATE OF IOWA, Respondent - Appellee.
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IN THE COURT OF APPEALS OF IOWA
No. 8-974 / 07-2100
Filed December 31, 2008
JOHN DEERING,
Applicant-Appellant,
vs.
STATE OF IOWA,
Respondent-Appellee.
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Appeal from the Iowa District Court for Polk County, Robert J. Blink,
Judge.
Appeal from the summary disposition of the appellant’s application for
postconviction relief. AFFIRMED.
Christopher Kragnes of Kragnes & Associates, P.C., Des Moines, for
appellant.
Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney
General, John Sarcone, County Attorney, and Stephanie Cox, Assistant County
Attorney, for appellee.
Considered by Sackett, C.J., and Eisenhauer and Doyle, JJ.
2
SACKETT, C.J.
The appellant, John Deering, appeals from the district court’s summary
disposition of his application for postconviction relief.
He contends the court
erred in “finding there was no material fact to litigate.” We affirm.
The appellant asserts the postconviction court erred in granting the State’s
motion for summary disposition without holding an evidentiary hearing on what
he claims are material issues of fact. The State asserts the appellant’s guilty
plea waives all defenses and objections not intrinsic to the plea itself. See Speed
v. State, 616 N.W.2d 158, 159 (Iowa 2000).
Ineffective assistance claims that are not “a circumstance that bears on
the knowing and voluntary nature of a plea” are not considered intrinsic or
fundamental to the claim itself and do not survive the entry of a guilty plea.
Speed, 616 N.W.2d at 159. We find that the appellant’s claim of ineffective
assistance based on defense counsel’s alleged failure to file a motion to
suppress evidence is not a circumstance that bears on the knowing and
voluntary nature of his plea. See id. His bare assertion that “he felt he had no
choice” but to accept an Alford plea is insufficient. We conclude his ineffective
assistance claim did not survive his plea. With no material fact in issue, the
postconviction court properly granted the State’s motion for summary disposition.
See Iowa Code § 822.6 (2005).
AFFIRMED.
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