State of Iowa v. Lindsey Marie Perry

IN THE COURT OF APPEALS OF IOWA
No. 19-1844
Filed September 1, 2021
STATE OF IOWA,
Plaintiff-Appellee,
vs.
LINDSEY MARIE PERRY,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Johnson County, Deborah Farmer
Minot, District Associate Judge.
Lindsey Perry appeals her conviction following a guilty plea. APPEAL
DISMISSED.
Fred Stiefel, Victor, for appellant.
Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206
(2021).
2
SCOTT, Senior Judge.
Lindsey Perry appeals her conviction, following a guilty plea, of first-offense
operating while intoxicated. The crime amounted to a serious misdemeanor,
punishable by, among other things, a fine of $1250.1 Iowa Code § 321J.2(3)(c).
Perry’s written guilty plea, a form, provided the maximum fine for serious
misdemeanors was $1875. See Iowa Code § 903.1(1)(b) (providing fine for
serious misdemeanors in the event a specific penalty is not provided).2 Also, a
box was checked next to “OWI 1st,” and the fine listed in the “Additional minimum
sentence” column was $1250. Lastly, the written plea noted the plea agreement
called for a $1250 fine.
Based on the foregoing, Perry claims her plea was not knowing and
voluntary because her written guilty plea incorrectly stated the maximum penalty
for her serious misdemeanor offense was $1875, as opposed to $1250. She also
claims her plea was not supported by a sufficient factual basis. She agrees error
was not preserved on either claim because no motion in arrest of judgment was
filed.3 So she argues her counsel was ineffective in failing to file a motion in arrest
1 “However, in the discretion of the court, if no personal or property injury has
resulted from the defendant’s actions, the court may waive up to six hundred
twenty-five dollars of the fine when the defendant presents to the court a temporary
restricted license issued pursuant to section 321J.20.” Iowa Code § 321J.2(3)(c)
(2019). The court may also order unpaid community service in lieu of all or a
portion of the fine. Id. § 321J.2(3)(c)(2).
2 Section 903.1(1)(b) was amended, effective July 15, 2020, to increase the
maximum fine for serious misdemeanors to $2500. 2020 Iowa Acts ch. 24,
§ 46(1)(b).
3 Perry filed a pro se motion in arrest of judgment and a pro se notice of appeal
simultaneously. The district court concluded it lacked jurisdiction to consider the
motion in arrest of judgement. See State v. Mallett, 677 N.W.2d 775, 776 (Iowa
2004) (“[A]n appeal divests a district court of jurisdiction.”). Perry makes no claim
she was not adequately advised of the consequences of not filing a motion in arrest
3
of judgment to challenge her plea. See Treptow, 960 N.W.2d at 109 (“We have
allowed a defendant to indirectly challenge his guilty plea on appeal despite not
filing a motion in arrest of judgment “if the failure to file a motion in arrest of
judgment resulted from ineffective assistance of counsel.” (citation omitted)).
The State responds Perry has no right of appeal because she pled guilty
and lacks good cause. See Iowa Code § 814.6(1)(a)(3). We agree. See Treptow,
960 N.W.2d at 109 (finding a legally sufficient reason lacking because the court
could not provide relief on appeal when defendant failed to file a motion in arrest
of judgment). The State also asserts we have no authority to consider ineffective
assistance claims on direct appeal. See Iowa Code § 814.7. We agree with that
proposition as well. See Treptow, 960 N.W.2d at 109 (“[T]his court is without
authority to decide ineffective-assistance-of-counsel claims on direct appeal.”).
We dismiss the appeal.
APPEAL DISMISSED.
of judgment and is thus excepted from the error-preservation requirement. See
State v. Treptow, 960 N.W.2d 98, 109 (Iowa 2021).