IN THE COURT OF APPEALS OF IOWA
No. 18-0408
Filed March 6, 2019
STATE OF IOWA,
Plaintiff-Appellee,
vs.
FRANKLIN LEE HARRIS,
Defendant-Appellant.
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Appeal from the Iowa District Court for Polk County, Gregory D. Brandt,
District Associate Judge.
Defendant appeals from his convictions and sentence for operating while
intoxicated and driving while his license is revoked. AFFIRMED.
R. E. Breckenridge of Breckenridge Law, P.C., Ottumwa, for appellant.
Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant
Attorney General, for appellee.
Considered by Vogel, C.J., Vaitheswaran, J., and Scott, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2019).
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VOGEL, Chief Judge.
Franklin Harris appeals from his convictions and sentence for operating
while intoxicated, third offense, and driving while his license is revoked, in violation
of Iowa Code sections 321J.2 and 321J.21 (2017). He asserts his trial counsel
was ineffective for failing to object to the trial information, conduct proper
discovery, and properly use plea negotiations.
We review ineffective-assistance-of-counsel claims de novo. State v.
Maxwell, 743 N.W.2d 185, 195 (Iowa 2008). “In order to succeed on a claim of
ineffective assistance of counsel, a defendant must prove: (1) counsel failed to
perform an essential duty; and (2) prejudice resulted.” Id. (citing Strickland v.
Washington, 466 U.S. 668, 687 (1984)).
Harris asserts his counsel was ineffective for failing to object to missing
details in the trial information. He notes the minutes of evidence in the trial
information names the arresting officer, Iowa State Patrol Trooper Mason
Highland, as a witness but does not summarize his expected testimony. The
minutes of evidence must include the expected witnesses “and a full and fair
statement of the witness’ expected testimony.” Iowa R. Crim. P. 2.5(3). “The ‘full
and fair statement’ standard mandates the prosecutor to adequately alert the
defendant to the source and nature of the testimony, and place defendant on notice
of the need for further investigation of the particular details of the witness’s
expected testimony.” State v. Wells, 522 N.W.2d 304, 307 (Iowa Ct. App. 1994).
While the minutes of evidence do not separately summarize Trooper Highland’s
expected testimony, Trooper Highland’s incident report is attached to the minutes.
This report clearly details the trooper’s anticipated testimony and is sufficient to
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place Harris “on notice of the need for further investigation.” See id. Therefore,
his counsel was not ineffective for failing to object to the trial information. See
Maxwell, 743 N.W.2d at 195.
Additionally, Harris asserts his counsel was ineffective for failing to conduct
discovery, which left him with no option other than to plead guilty. He also asserts
his counsel committed multiple errors during plea negotiations, including failing to
secure an adequate benefit for his plea, misidentifying the possible sentencing
options, and misidentifying his term of incarceration in the notice of appeal. He
claims these mistakes resulted in structural error that did “not place the
prosecution’s case against meaningful adversarial testing.” Lado v. State, 804
N.W.2d 248, 252 (Iowa 2011). “If an ineffective-assistance-of-counsel claim is
raised on direct appeal from the criminal proceedings, we may decide the record
is adequate to decide the claim or may choose to preserve the claim for
postconviction proceedings.” State v. Straw, 709 N.W.2d 128, 133 (Iowa 2006)
(citing Iowa Code § 814.7(3) (2005)). On this record, we affirm Harris’s
convictions; however, we preserve his ineffective-assistance claims related to
discovery and plea negotiations for possible postconviction relief, so a complete
record may be developed and afford trial counsel an opportunity to respond to the
claims. State v. Coil, 264 N.W.2d 293, 296 (Iowa 1978) (“Counsel may, indeed,
have had good reason for each step he [or she] took or failed to take.”).
AFFIRMED.