State of Iowa v. Gabriel Dann
State of Iowa v. Gabriel Dann
Opinion
Gabriel Dann appeals his conviction following his guilty plea for forgery, in violation of Iowa Code sections 715A.2(1)(d) and 715A.2(2)(a)(3) (2017). He contends his trial counsel was ineffective for failing to request his plea be conditioned on the court's willingness to accept the plea agreement or a more favorable disposition under Iowa Rule of Criminal Procedure 2.10(3) and for failing to file a motion in arrest of judgment. The State asserts the record is inadequate on direct appeal to address these claims, asking us to preserve them for postconviction relief.
Dann acknowledges no motion in arrest of judgment was filed in this case, so he raises his challenges to the guilty plea through an ineffective-assistance-of-counsel claim.
State v. Straw
,
Dann and the State came to a plea agreement that was presented to the court at sentencing. After reviewing the presentence investigation report, the court rejected the plea agreement and sentenced Dann to a term of incarceration rather than suspending the sentence as the parties recommended. Although Dann, his trial counsel, and the State conferred to reach the terms of the plea agreement, we have no record of such correspondence or conversations. Because this record does not contain evidence as to what was discussed during the plea negotiations, including any record on whether Iowa Rule of Criminal Procedure 2.10(3) was available for this plea agreement, we conclude the record on appeal is not adequate to address Dann's claims that his trial counsel was ineffective with respect to the guilty plea.
State v. Coil
,
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.