Eugilia Vidad Limon-Olson, Applicant-Appellant v. State of Iowa ( 2016 )

IN THE COURT OF APPEALS OF IOWA
No. 15-1435
Filed July 27, 2016
EUGILIA VIDAD LIMON-OLSON,
Applicant-Appellant,
vs.
STATE OF IOWA,
Respondent-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, Joel A.
Dalrymple, Judge.
Eugilia Vidad Limon-Olson appeals the district court’s dismissal of her
postconviction-relief application. AFFIRMED.
Daniel M. Northfield of Daniel Northfield Attorney at Law, Urbandale, for
appellant.
Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee State.
Considered by Potterfield, P.J., and Mullins and McDonald, JJ.
2
MULLINS, Judge.
Eugilia Vidad Limon-Olson raises only two issues on appeal of the
dismissal of her application for postconviction relief: (1) whether trial counsel
provided ineffective assistance by failing to require a verbatim record of the
hearing that resulted in dismissal of her application, and (2) whether the court
erred in dismissing her application after a hearing for which no record was made.
See Iowa Code § 822.7 (2013) (requiring that, when a postconviction-relief
application is heard, “[a] record of the proceedings shall be made and
preserved”). The court dismissed her application for failure to appear for the trial
on the merits. We find Arnold v. State, 540 N.W.2d 243, 245-46 (Iowa 1995)
(concluding the requirement in section 822.7 that a record of the proceedings be
made “has reference to evidentiary hearings on the merits of the claim”),
controlling and, under the circumstances of this case, conclude the district court’s
written ruling provides an adequate record. We affirm without further opinion
pursuant to Iowa Court Rule 21.26(1)(c) and (e).
AFFIRMED.