State of Iowa v. Joseph Robert Barrier ( 2015 )


Menu:
  •                     IN THE COURT OF APPEALS OF IOWA
    No. 14-1117
    Filed September 23, 2015
    STATE OF IOWA,
    Plaintiff-Appellee,
    vs.
    JOSEPH ROBERT BARRIER,
    Defendant-Appellant.
    ________________________________________________________________
    Appeal from the Iowa District Court for Polk County, Rebecca Goodgame
    Ebinger, Judge.
    The defendant challenges his convictions and sentences following his
    guilty plea. AFFIRMED.
    Tabitha L. Turner of The Law Office of Turner & Vogel, P.L.L.C., Des
    Moines, for appellant.
    Thomas J. Miller, Attorney General, Kevin Cmelik and Linda J. Hines,
    Assistant Attorneys General, John P. Sarcone, County Attorney, and Stephanie
    L. Cox, Assistant County Attorney, for appellee.
    Considered by Vaitheswaran, P.J., and Potterfield and McDonald, JJ.
    2
    MCDONALD, Judge.
    Joseph Barrier pleaded guilty to possession of a controlled substance,
    methamphetamine, with intent to deliver, and possession of a firearm as a
    convicted felon, in violation of Iowa Code sections 124.401(1)(b)(7) and 724.6
    (2013), respectively.     He was sentenced to an indeterminate term of
    incarceration not to exceed thirty years for these offenses to run consecutive to
    the defendant’s parole revocation.
    On appeal, the defendant contends the oral waiver of his preliminary
    hearing not made on the record was invalid, and he requests his convictions and
    sentences be vacated as a result.         See Iowa R. Crim. P. 2.2(4)(a) (“The
    magistrate shall inform the defendant of the right to a preliminary hearing unless
    the defendant is indicted by a grand jury or a trial information is filed against the
    defendant or unless preliminary hearing is waived in writing or on the record.”).
    We conclude the defendant waived any objection to any defect related to his
    waiver of the preliminary hearing. See State v. Carroll, 
    767 N.W.2d 638
    , 641
    (Iowa 2009) (“It is well established that a defendant’s guilty plea waives all
    defenses and objections which are not intrinsic to the plea.”).
    Barrier also asserts the record is inadequate to address potential claims of
    ineffective assistance of counsel on direct appeal, and he asks that any such
    claims be preserved for postconviction-relief proceedings.        Such a request is
    unnecessary.    See Iowa Code § 814.7(2) (2013) (“A party may, but is not
    required to, raise an ineffective assistance claim on direct appeal from the
    criminal proceedings if the party has reasonable grounds to believe that the
    3
    record is adequate to address the claim on direct appeal.”). Nonetheless, we
    preserve any such claims for postconviction-relief proceedings. See Iowa Code
    § 814.7(3) (“If an ineffective assistance of counsel claim is raised on direct
    appeal from the criminal proceedings, the court may decide the record is
    adequate to decide the claim or may choose to preserve the claim for
    determination under chapter 822.”).
    We have considered the parties’ arguments, whether or not set forth in full
    herein, and we affirm the defendant’s convictions and sentences without further
    opinion. See Iowa Ct. R. 21.26(1)(a), (c), (e).
    AFFIRMED.
    

Document Info

Docket Number: 14-1117

Filed Date: 9/23/2015

Precedential Status: Precedential

Modified Date: 9/23/2015