State v. Dryer

342 N.W.2d 881, 1983 Iowa App. LEXIS 1840
CourtCourt of Appeals of Iowa
DecidedOctober 25, 1983
DocketNo. 2-69403
StatusPublished
Cited by6 cases

This text of 342 N.W.2d 881 (State v. Dryer) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dryer, 342 N.W.2d 881, 1983 Iowa App. LEXIS 1840 (iowactapp 1983).

Opinion

OXBERGER, Chief Judge.

Defendant Dryer appeals the trial court’s summary dismissal of his application seeking postconviction relief from his 1975 guilty-plea conviction of assault with intent to commit rape in violation of Iowa Code section 698.4 (1975). On appeal, Dryer asserts: (1) the pleadings before the postcon-viction court raised material issues of fact regarding a factual basis to support Dryer’s guilty plea, Dryer’s understanding of the nature and intent element of the charge to which he pleaded guilty, Dryer’s understanding of the penal consequences of his guilty plea, and the voluntariness of the guilty plea; and (2) the postconviction court violated the summary dismissal provisions of Iowa Code section 663A.6 and Iowa Rule of Civil Procedure 237 by dismissing Dryer’s application for postconviction relief without affording him a hearing. We affirm.

On June 29, 1982, trial court notified the parties that it intended to dismiss Dryer’s postconviction application. The trial court granted Dryer ninety days in which to reply' to the proposed dismissal. Dryer timely filed a reply, reiterating his grounds for postconviction relief and asserting that there were disputed issues and material facts regarding the guilty plea proceedings.

Without holding a hearing on the matter, the trial court, on September 20, 1982, summarily dismissed Dryer’s application for postconviction relief pursuant to Iowa Code section 663A.6 for the reasons stated in the State’s resistance to Dryer’s application for postconviction relief.

I. Hearing

Initially, we must determine if Dryer should have been afforded a hearing on his application for postconviction relief under Iowa Code section 663A.6. We find he should not.

[883]*883Section 663A.6 provides two methods for summary disposition of postconviction relief applications. The first method stated in paragraph two of section 663A.6 allows for summary disposition on the court’s initiative and the applicant is foun-dationally entitled to notice of the court’s intention to dismiss, reasons for dismissal, and opportunity to respond prior to a final disposition. Hines v. State, 288 N.W.2d 344, 346 (Iowa 1980). The second method set forth in paragraph three of section 663A.6 allows for summary disposition on a motion from either party. It is error for a court not to set the State’s motion to dismiss for a hearing because the requirements of Iowa Rule Civil Procedure 237 for a hearing on a motion for summary judgment apply to a motion for summary disposition in cases falling under paragraph three of section 663A.6. Hines at 346-7. Whether Dryer’s application was dismissed under paragraph two or three of section 663A.6 will be dispositive of this issue.

We conclude that the trial court used the first method of summary disposition as evidenced in its initiative of giving notice of its intention to dismiss and allowing ninety days for Dryer to reply to the proposed dismissal. See Iowa Code § 663A.6. In the State’s resistance to Dryer’s application, it requested the following:

WHEREFORE, the State moves that the Court dismiss the Defendant’s Application for Post Conviction Relief without hearing in that there are not material questions of fact presented to the Court and that the grounds stated for relief in the Applicant’s Application do not justify a reversal nor a resentencing of the Defendant.

These words in the State’s resistance asking for dismissal does not make it a motion for dismissal. See Watson v. State, 294 N.W.2d 555, 556 (Iowa 1980). We find the resistance to be a pleading, not a motion, and as such does not trigger the hearing provisions of paragraph three. See Iowa R.Civ.P. 68, 109.

“The common thread which runs through paragraphs two and three of section 663A.6 is that of protecting the applicant from having his application dismissed by the court without an opportunity to resist in some manner, either at hearing before the court or through an opportunity to reply to a court-proposed dismissal.” Hines at 346. The latter was allowed and section 663A.6 was complied with. We find no error in the trial court’s procedure.

II. Material Issue of Fact

Under Iowa law, a postconviction court may dismiss an application for post-conviction relief if the record indicates that the petitioner is not entitled to postconviction relief. Iowa Code section 663A.6 provides in pertinent part that:

When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to postconviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for dismissal. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed. ... Disposition on the pleadings and record is not proper if a material issue of fact exists.

Iowa Code § 663A.6. A material issue of fact exists if reasonable minds could draw different inferences and reach different conclusions from them. Kyle v. State, 322 N.W.2d 299, 302 (Iowa 1982), (quoting Boge v. State, 309 N.W.2d 428, 430 (Iowa 1981)). Summary disposition is proper in situations where petitioner’s allegations are directly contradicted by the record, unless petitioner has raised a legitimate question concerning the credibility of that record. See State v. Boge, 252 N.W.2d 411, 414 (Iowa 1977).

Dryer contends that the trial court failed to establish a factual basis to show that a crime had been committed and that he committed the crime; and as such there [884]*884was a material issue of fact and summary disposition was improper. Factual basis can be established by “ ‘(1) inquiry of defendant; (2) inquiry of prosecutor; (3) examination of the presentence report; or (4) reference, to the minutes of testimony.’ ” State v. Victor, 310 N.W.2d 201, 205 (Iowa 1981), (quoting State v. Johnson, 234 N.W.2d 878, 879 (Iowa 1975)). The minutes of testimony in the case at bar state in part:

that at approximately 8:00 p.m., the Defendant started scratching her back; that he reached inside her blouse and started rubbing her breasts; that he kissed her on the lips; that he asked her to pull her pants down or let him put his hand down the front of her pants; that she refused to take off her trousers or let the Defendant put his hand down them; that she then left the Defendant and went home.... Linda Breitbach was 12 years of age.

In its inquiry to establish a factual basis for the plea, the court referred to the minutes of testimony in the following colloquy:

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Bluebook (online)
342 N.W.2d 881, 1983 Iowa App. LEXIS 1840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dryer-iowactapp-1983.