IN THE COURT OF APPEALS OF IOWA
No. 20-0312
Filed January 21, 2021
CHRISTOPHER ROBY,
Applicant-Appellant,
vs.
STATE OF IOWA,
Respondent-Appellee.
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Appeal from the Iowa District Court for Black Hawk County, Linda M.
Fangman, Judge.
Christopher Roby appeals the denial of his application for postconviction
relief. AFFIRMED.
Steven E. Goodlow of Goodlow Law Firm, Albia, for appellant.
Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney
General, for appellee State.
Considered by Mullins, P.J., and May and Schumacher, JJ.
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MULLINS, Presiding Judge.
In December 2014, Christopher Roby entered Alford1 pleas to numerous
charges in two criminal cases stemming from separate events—conspiracy to
commit intimidation with a dangerous weapon and felon in possession of a firearm
in one case, and two counts of first-degree burglary and one count of domestic
abuse assault by strangulation causing bodily injury in the other. The minutes of
evidence and attachments in the second case disclosed Roby went to the
residence of a woman and a child he shares with the woman, “broke into her
apartment, and strangled and bit her.” The female showed police officers “where
Roby had pried open the screen to the front window, breaking it,” and “Roby came
through the front window [and] pushed/threw her down and strangled her by
straddling her and placing both hands around her neck.” The female grabbed the
child and made it to her vehicle outside. She was followed shortly by Roby, who
opened the vehicle door and punched and bit her. At the time of the foregoing,
there was a valid no-contact order in place between Roby and the child, which
prohibited Roby’s physical presence in the home. The female exhibited injuries
consistent with her report of Roby’s acts to law enforcement.
In December 2015, Roby filed an application for postconviction relief, in
which he referenced and attached a “[d]ocument from the victim explaining the
crime wasn’t committed.” The document, dated November 18, 2014, prior to
1 See North Carolina v. Alford, 400 U.S. 25, 37 (1970) (“An individual accused of
a crime may voluntarily, knowingly, and understandingly consent to the imposition
of a prison sentence even if he [or she] is unwilling or unable to admit his [or her]
participation in the acts constituting the crime.”).
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Roby’s entry of his pleas and previously received by the prosecutor and defense
counsel, provided:
I just wanted to inform you that I do not want to appear at any court
arrangements. [Roby] did have a key that he came through the
apartment with. We had an argument that turned into a physical fight
inside and outside the apartment as well as in the car . . . . We
argued back and forth for a long time until my neighbors called the
police. I never wanted the police over to my place or to have any
charges against [Roby].
In his amended application, Roby claimed, among other things, his attorney in the
criminal proceeding was ineffective in failing to properly investigate the case and
depose the victim.
At the postconviction-relief trial, Roby’s criminal counsel testified to his
recollection of the letter from the victim and Roby’s knowledge of the same prior to
entering his plea. He testified the letter, noting Roby had a key to the residence,
was inconsequential due to the existence of a no-contact order prohibiting his
presence in the residence at the time. Counsel confirmed his recollection of
speaking with Roby about the letter and elements and circumstances of the crimes,
but Roby “made the decision that he wanted to cooperate” with the State, “and he
wanted to plead guilty and take the agreement.” Counsel added, based on trial
strategy, he would not have deposed the victim because the letter was different
from the victim’s initial report to law enforcement and “that would have raised
issues with her credibility. And . . . it kind of flew in the face of some of the physical
evidence.” In his testimony, Roby acknowledged he knew a no-contact order was
in place and he had no right, license, or privilege to be at the victim’s residence.
Following trial, the court denied Roby’s application for postconviction relief.
Roby appeals. Appellate review of postconviction-relief proceedings is typically
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for correction of errors at law, but where claims of ineffective assistance of counsel
are forwarded, our review is de novo. See Diaz v. State, 896 N.W.2d 723, 727
(Iowa 2017). Because Roby’s claim concerns the effectiveness of trial counsel, he
must prove by a preponderance of the evidence that (1) his counsel failed to
perform an essential duty and (2) prejudice resulted. Strickland v. Washington,
466 U.S. 668, 687 (1984); State v. Lopez, 907 N.W.2d 112, 116 (Iowa 2018). We
“may consider either the prejudice prong or breach of duty first, and failure to find
either one will preclude relief.” State v. McNeal, 897 N.W.2d 697, 703 (Iowa 2017)
(quoting State v. Lopez, 872 N.W.2d 159, 169 (Iowa 2015)).
Roby claims his counsel was ineffective in allowing him to plead guilty
following the victim’s purported recantation of her allegations. He highlights the
victim’s statement that he had a key to the apartment, which he believes raises
questions about “whether a factual basis could be made . . . regarding his right,
license or privilege” to be present, and counsel was under a duty to investigate
further and depose the victim. Upon our de novo review, we are unable to
conclude counsel failed to perform an essential duty or Roby suffered prejudice.
As to counsel’s performance of duties, “we will not reverse where counsel has
made a reasonable decision concerning trial tactics and strategy.” State v.
Ondayog, 722 N.W.2d 778, 786 (Iowa 2006) (citation omitted). And counsel
strategically declined to investigate the victim’s supposed recantation given its
stark inconsistency with the victim’s initial report and the physical evidence,
predicting credibility issues. We find this reasonable. On the issue of prejudice,
there is no reasonable probability Roby would have insisted on going to trial had
counsel deposed the victim. See State v. Straw, 709 N.W.2d 128, 136 (Iowa
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2006). Roby knew about the potentially exculpatory nature of the letter and still
chose to accept the State’s plea agreement to significantly reduce his sentencing
exposure and the potential filing of federal gun charges.
We conclude counsel was not ineffective as alleged and affirm the denial of
Roby’s application for postconviction relief.
AFFIRMED.