State v. White

337 N.W.2d 517, 1983 Iowa Sup. LEXIS 1668
CourtSupreme Court of Iowa
DecidedAugust 17, 1983
Docket68885
StatusPublished
Cited by36 cases

This text of 337 N.W.2d 517 (State v. White) 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. White, 337 N.W.2d 517, 1983 Iowa Sup. LEXIS 1668 (iowa 1983).

Opinion

REYNOLDSON, Chief Justice.

Defendant Donald 0. White appeals from a judgment, based on his guilty plea, convicting him of third-degree sexual abuse. He alleges ineffective assistance of counsel and sentencing error, in that trial court provided for a determinate instead of an indeterminate sentence. We modify the sentence provided in the district court judgment and affirm.

I. Defendant’s brief devotes but a single paragraph to his claim of ineffective counsel. The brief alleges that:

Appellant has made known to appellate counsel several complaints concerning his trial counsel’s performance. Among defendant’s claims are that his trial attorney permitted him to plead guilty to the charge of sexual abuse while aware that defendant’s illiteracy prevented him from knowingly and intelligently entering said plea.

Defendant further asserts “the present record is insufficient to allow this Court to adjudicate a claim of ineffective assistance of counsel” and that these “complaints are best suited for a postconviction relief proceeding so that an evidentiary record ... can be made.” Concluding, he “requests that his right to raise the issue of ineffective assistance of counsel be preserved for postconviction relief proceedings.”

The State argues the record refutes de-féndant’s assertion his illiteracy prevented him from knowingly and intelligently enter- *519 mg a guilty plea. It implies defendant’s otherwise generalized claim of ineffective counsel will not support a present determination that the issue should be preserved for subsequent proceedings.

The general principles we apply in considering claims of ineffective counsel are well established and will not be repeated here. See Hinkle v. State, 290 N.W.2d 28, 30-31 (Iowa 1980); Kellogg v. State, 288 N.W.2d 561, 563 (Iowa 1980).

We may quickly dispose of the only specific instance of alleged ineffective assistance raised by defendant. The record discloses both trial court and defense counsel were aware of defendant’s illiteracy. Defense counsel read the minutes of the prosecutor’s information to the defendant. The plea hearing consisted of an oral colloquy between court and defendant in full conformance with the requirements of Iowa Rule of Criminal Procedure 8(2)(b)-(d). Defendant’s replies to the court’s questions were responsive and disclosed a perceptive understanding of the proceedings. It is clear defendant knowingly and intelligently entered his guilty plea. We find no merit in the claim defense counsel rendered ineffective assistance in this regard.

Turning to the general assertion of ineffective assistance of counsel, we are presented with an issue of first impression: Does this minimal allegation require us to preserve these unarticulated issues against the operation of an Iowa Code section 663A.8 waiver? 1

In Washington v. Scurr, 304 N.W.2d 231 (Iowa 1981), we wrote:

Posteonviction relief is not a means for relitigating claims that were or should have been properly presented at trial or on direct appeal. § 663A.2. Any claim not properly raised at trial or on direct appeal may not be litigated in posteonviction unless there is sufficient reason for not properly raising it previously. Horn v. Haugh, 209 N.W.2d 119, 120 (Iowa 1973); § 663A.8.

Id. at 234. In Washington we also pointed out that “[a] posteonviction proceeding is not an avenue for litigating issues that were not properly preserved for our review on direct appeal.” Id. at 235; accord Hin-kle, 290 N.W.2d at 31.

In State v. McCray, 231 N.W.2d 579, 581 (Iowa 1975), we expressed our dissatisfaction with defendant’s summary contention on appeal that his trial counsel had been unprepared. Where the specifics of alleged ineffective counsel are presented on direct appeal, we often have been able to resolve the issue. See, e.g., State v. Schoelerman, 315 N.W.2d 67, 71-72 (Iowa 1982); State v. Hendren, 311 N.W.2d 61, 63-64 (Iowa 1981); State v. Killpack, 276 N.W.2d 368, 372 (Iowa 1979); State v. Townsend, 238 N.W.2d 351, 357 (Iowa 1976); State v. Massey, 207 N.W.2d 777, 779-80 (Iowa 1973). Thus, a defendant’s ineffective assistance claim on appeal is hardly an inconsequential step in the proceedings. This court should be provided at a minimum with enough information to make an initial assessment of defendant’s contentions. Whether the specific issue can be disposed of on appeal or must be reserved for resolution in posteonviction proceedings is a determination that should be made by the appellate court, not by defense counsel. We cannot base our holding on the bald assertion in a brief that counsel provided ineffective assistance in some undisclosed fashion.

It is true, of course, that we frequently find a defendant should have the right to develop proof of ineffective assistance in a further record in posteonviction proceedings, or that an attorney charged with rendering ineffective assistance should have his or her day in court before the issue is resolved. See, e.g., State v. Steltzer, 288 N.W.2d 557, 560 (Iowa 1980); State v. Wil *520 liams, 285 N.W.2d 248, 271 (Iowa 1979), cert. denied, 446 U.S. 921, 100 S.Ct. 1859, 64 L.Ed.2d 277 (1980); State v. Coil, 264 N.W.2d 293, 296 (Iowa 1978). 2 We have never held, however, that a defendant on direct appeal should not disclose the grounds, or describe the situations, that support his claim of ineffective assistance. Our statement in State v. Williams, 334 N.W.2d 742, 746 (Iowa 1983), that “defendant is not precluded from urging additional grounds of ineffective assistance of counsel if those grounds depend on the opportunity to make an additional record in postconviction proceedings” must be read in the context of defendant’s brief in that case, which described in detail the nature of the other instances of claimed ineffective assistance defendant proposed to pursue in postconviction proceedings.

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337 N.W.2d 517, 1983 Iowa Sup. LEXIS 1668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-iowa-1983.