IN THE COURT OF APPEALS OF IOWA
No. 14-2096
Filed October 14, 2015
STATE OF IOWA,
Plaintiff-Appellee,
vs.
TRAVIS ALLEN HOPPE,
Defendant-Appellant.
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Appeal from the Iowa District Court for Linn County, Thomas L. Koehler
(plea) and Patrick R. Grady (sentencing), Judges.
The defendant appeals his conviction for theft in the first degree.
AFFIRMED.
John J. Bishop, Cedar Rapids, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik and Mary A. Triick,
Assistant Attorneys General, Jerry Vander Sanden, County Attorney, and Jason
Burns and Harold Denton, Assistant County Attorneys, for appellee.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
2
MCDONALD, Judge.
The defendant pleaded guilty to and was convicted of theft in the first
degree, in violation of Iowa Code sections 714.1(1) and 714.2(1) (2013), and was
sentenced to an indeterminate term of incarceration not to exceed ten years. On
appeal, he contends his plea counsel provided constitutionally deficient
representation by failing to adequately investigate the case prior to the
defendant’s guilty plea. The defendant and the State agree the appellate record
is insufficient to resolve this claim and ask that we preserve this claim for
postconviction-relief proceedings. We affirm the defendant’s conviction and
preserve his claim of ineffective assistance of counsel for postconviction-relief
proceedings. See State v. Johnson, 784 N.W.2d 192, 198 (Iowa 2010)
(determining a court “must preserve” an ineffective assistance claim if the record
is inadequate to address it on direct appeal).
AFFIRMED.