State v. Liddell

672 N.W.2d 805, 2003 Iowa Sup. LEXIS 232, 2003 WL 22957720
CourtSupreme Court of Iowa
DecidedDecember 17, 2003
Docket02-1563
StatusPublished
Cited by112 cases

This text of 672 N.W.2d 805 (State v. Liddell) is published on Counsel Stack Legal Research, covering Supreme Court 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. Liddell, 672 N.W.2d 805, 2003 Iowa Sup. LEXIS 232, 2003 WL 22957720 (iowa 2003).

Opinions

STREIT, Justice.

Keteris Liddell appeals his conviction and sentence for credit card fraud. Lid-dell alleges he was denied effective assistance of counsel when his trial counsel failed to challenge the validity of his jury trial waiver. Liddell also claims the district court failed to exercise its discretion when, during sentencing proceedings, the [808]*808court remarked it had no choice other than to revoke his deferred judgment.

We hold Liddell’s trial counsel did not fail to perform an essential duty, and therefore reject his ineffective assistance of counsel claim. Viewing its statements in context, we also find the district court properly exercised its discretion in revoking Liddell’s deferred judgment. We therefore affirm Liddell’s conviction and sentence.

I. Facts and Prior Proceedings

On August 10, 2000, a woman’s purse with an ATM card was stolen from her office. Keteris Liddell used the stolen ATM card to withdraw $500 from her bank account without her permission. Liddell was charged with credit card fraud, an aggravated misdemeanor. See Iowa Code §§ 715A.6(2), 715A.1(2), 715A.6(1) (2001).

On April 19, 2001, Liddell signed a written waiver of his right to a jury trial. This waiver was filed in the district court, and is part of the record before us. Liddell’s jury trial waiver contained three paragraphs, in which Liddell stated he understood (1) he had a right to a trial by jury of twelve persons; (2) in a jury trial, a guilty verdict must be unanimous and proven beyond a reasonable doubt; and (3) if he waived his right to a jury trial, a judge would decide whether the State proved its case beyond a reasonable doubt, and would issue its findings in writing. On June 8, 2001, a bench trial was held. The district court found Liddell guilty as charged.

On July 17, 2001, Liddell came before the district court for sentencing. The court deferred judgment for one year. See generally Iowa Code ch. 907 (setting forth statutory provisions for deferred judgments, sentences, and probation). If Liddell made restitution to his victim, paid court costs, and did not receive any further convictions within the upcoming year, the court would dismiss the case.

Almost exactly a year later, on July 19, 2002, the court held a hearing to determine whether Liddell had complied with the conditions of his probation. The hearing concluded with the court continuing the matter “to allow Defendant to complete the conditions of his deferred judgment.”

On September 27, 2002, the court held another hearing, at which it determined Liddell had not complied with the terms of his probation — even though the court had given him more than a year to do so. The court specifically noted the defendant had not paid restitution to his victim. Clearly frustrated with the defendant’s failure to do so, the court then stated “I don’t have a choice other than to revoke your deferred judgment and sentence.... When we don’t have victim restitution paid, we don’t have a choice.” The court revoked Lid-dell’s deferred judgment and sentenced him to 240 days in jail and a $500 fine. The court then suspended Liddell’s sentence and ordered him to pay the fine, victim restitution, and court costs by February 19, 2003. On September 30, 2002, Liddell appealed.

We are presented with two issues for review: (1) Was Liddell denied effective assistance of counsel, because of an inadequate jury trial waiver? and (2) Did the district court fail to exercise its discretion when it said it did not have a choice other than to revoke Liddell’s probation?

II. Ineffective Assistance of Counsel

Liddell alleges he was denied effective assistance of counsel. Relying upon our recent decision in State v. Stallings, 658 N.W.2d 106 (Iowa 2003), Liddell claims his trial counsel breached an essential duty because he failed to ensure Lid-dell’s jury trial waiver was knowing, voluntary, and intelligent. In support of his [809]*809claim, Liddell points out the court did not conduct an in-court colloquy with him. He maintains this problem is exacerbated by the fact his written waiver failed to mention (1) he would be able to participate in voir dire and (2) his jury would be drawn from members of the community (as opposed to somewhere else). As a consequence of this alleged failure to perform an essential duty, which he characterizes as a structural error, Liddell urges us to presume prejudice and thus find he was denied effective assistance of counsel.

A. Scope of Review

Appellate review of an ineffective assistance of counsel claim is de novo. Stallings, 658 N.W.2d at 108. Ineffective assistance of counsel claims are generally preserved for post-conviction relief. Id. (citing State v. Buck, 510 N.W.2d 850, 853 (Iowa 1994)). Where we are presented with an adequate record, however, the merits of the claim may be resolved on direct appeal. Id. The record in this case is sufficient for resolution on direct appeal.

B. Analysis

“To establish an ineffective-assistance claim, [the defendant] must show that (1) his counsel failed to perform an essential duty, and (2) prejudice resulted.” Id. at 108 (citing Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984)). Should Liddell fail to prove either prong, his ineffective assistance of counsel claim must fail. State v. Cook, 565 N.W.2d 611, 614 (Iowa 1997). Because we find Liddell’s trial counsel did not fail to perform an essential duty, we reject his ineffective-assistance claim. In order to properly address Liddell’s arguments, however, it is first necessary to briefly review Stallings, a recent decision regarding the adequacy of jury trial waivers.

In Stallings, the defendant appealed claiming the only evidence he waived his right to a jury trial appeared obliquely in his attorney’s statement of fees for his bench trial. Stallings, 658 N.W.2d at 108. The statement of fees indicated Stallings waived his right to a jury during a hearing on a motion to suppress. Id. In spite of the fact Iowa Rule of Criminal Procedure 2.17(1) explicitly mandates that “[c]ases required to be tried by jury shall be so tried unless the defendant voluntarily and intelligently waives a jury trial in writing and on the record ...,” the record before us in Stallings contained “no evidence that the court was even included in the waiver process.” Stallings, 658 N.W.2d at 112. Recognizing that “the right to a jury trial is ... fundamental to our justice system,” we determined Stallings was “one of those rare cases of a ‘structural’ defect in which prejudice is presumed.” Id. (citing McGurk v. Stenberg, 163 F.3d 470, 474 (8th Cir.1998)). We held the defendant’s trial counsel was ineffective in failing to ensure the court complied with Iowa Rule of Criminal Procedure 2.17(1). Id.

Unlike Stallings,

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Bluebook (online)
672 N.W.2d 805, 2003 Iowa Sup. LEXIS 232, 2003 WL 22957720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-liddell-iowa-2003.