IN THE SUPREME COURT OF IOWA No. 19–1276 Submitted October 14, 2020—Filed May 28, 2021 STATE OF IOWA, Appellee, vs. DAVID J. TREPTOW, Appellant. Appeal from the Iowa District Court for Buchanan County, Kellyann M. Lekar, Judge. A defendant challenges the factual basis supporting his guilty plea to a drug offense. APPEAL DISMISSED. McDonald, J., delivered the opinion of the court, in which Christensen, C.J., and Waterman, Mansfield, Oxley, and McDermott, JJ., joined. Appel, J., filed a dissenting opinion. Martha J. Lucey (argued), State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Zachary Miller (argued), Assistant Attorney General, and Shawn M. Harden, County Attorney, for appellee. 2 McDONALD, Justice. David Treptow pleaded guilty to three drug-related offenses and was sentenced to an indeterminate term of incarceration not to exceed twelve years. In this direct appeal, Treptow contends there was not a factual basis supporting one of the convictions and his counsel provided constitutionally ineffective assistance in allowing Treptow to plead guilty in the absence of a factual basis. In addition to those issues, Treptow challenges the constitutionality of Iowa Code section 814.6 (2020), which limits the ability of a defendant to appeal as a matter of right from a conviction following a guilty plea, and Iowa Code section 814.7, which requires that claims of ineffective assistance of counsel be presented and resolved in the first instance in postconviction-relief proceedings rather than on direct appeal. I. Police were dispatched to Treptow’s residence on report of a domestic disturbance. Upon entering the residence, officers immediately smelled marijuana and observed what appeared to be marijuana in an ashtray on the coffee table. The officers asked a cotenant of the residence if she would grant consent to search the residence, and she granted consent. The officers searched the residence with the assistance of a canine unit. They discovered and seized controlled substances and paraphernalia in various locations inside and outside the residence. A subsequent lab report from the Division of Criminal Investigation showed the officers seized approximately .17 grams of methamphetamine, 885.33 grams of marijuana, and 81.62 grams of marijuana concentrate. Treptow was charged with six controlled substances offenses, and he ultimately pleaded guilty to three of them: (1) possession with the intent to deliver marijuana, in violation of Iowa Code section 124.401(1)(d) 3 (2018); (2) failure to affix a drug tax stamp, in violation of Iowa Code section 453B.12; and (3) gathering where controlled substances are used (marijuana), enhanced as a second offense, in violation of Iowa Code sections 124.407 and 124.411. As part of the plea agreement, the State agreed to drop the habitual offender enhancements applicable to counts 1 and 2, to dismiss the remaining counts, and to dismiss a companion case against Treptow. At the time he entered his guilty pleas, Treptow expressed his desire to proceed to immediate sentencing. The district court informed Treptow he had the right to delay sentencing, and Treptow stated he understood the right and waived the same. The district court informed Treptow he …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals