Javonta Herbert-Bey, Applicant-Appellant v. State of Iowa
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Opinion
IN THE COURT OF APPEALS OF IOWA
No. 14-0780 Filed June 10, 2015
JAVONTA HERBERT-BEY, Applicant-Appellant,
vs.
STATE OF IOWA, Respondent-Appellee. ________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, George L.
Stigler, Judge.
Javonta Herbert-Bey appeals the dismissal of his application for
postconviction relief. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Melinda J. Nye, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Mary A. Triick, Assistant Attorney
General, Thomas J. Ferguson, County Attorney, and Kimberly Griffith, Assistant
County Attorney, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ. 2
BOWER, J.
Javonta Herbert-Bey appeals the denial of his application for
postconviction relief (PCR) and motion to correct an illegal sentence. In 2010
Herbert-Bey was charged and pled guilty to one count of theft in the second
degree (by exercising control over stolen property worth more than $1000 but
less than $10,000). He received a five-year suspended sentence and was
placed on probation. Seven months later his probation was revoked, and he was
incarcerated. Less than a year later his sentence was reconsidered, and he was
placed in a residential treatment facility. Subsequently, his probation was
revoked, and he was once again incarcerated. In 2013 Herbert-Bey filed an
application for PCR. The district court found his sentence was not illegal and he
was properly tried in district court rather than juvenile court. The court also
denied his application for PCR finding his guilty plea was supported by a
sufficient factual basis establishing the value of the stolen property was over
$1000.1
On appeal, Herbert-Bey claims his trial counsel was ineffective because
his guilty plea was not supported by a sufficient factual basis. The district court
found a sufficient basis, based on the minutes of evidence, to establish the actual
value of the items stolen totaled $1197. The court noted this total did not include
the value of items stolen but not yet recovered. Pursuant to Iowa Court Rule
21.26(1)(a), (b), and (d), we affirm the district court’s ruling.
AFFIRMED.
1 The transcript from the plea hearing shows Herbert-Bey acknowledged the value of the property was more than $1000.
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