# State v. Tate

> Supreme Court of Iowa · February 24, 2006 · 710 N.W.2d 237

URL: https://www.frixlaw.com/law-library/cases/9676272

## Case

- **Full name:** STATE of Iowa, Appellee, v. Randolph Louis TATE, Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** February 24, 2006
- **Citations:** 710 N.W.2d 237; 2006 Iowa Sup. LEXIS 26; 2006 WL 432194
- **Precedential status:** Published
- **Opinion:** Dissent by Wiggins
- **Judges:** Streit, Lavorato, Wiggins
- **Cited by:** 150 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9676272

## How later opinions describe it (automated extraction)

- noting that “‘conclusory claims of prejudice’ are not sufficient to satisfy the prejudice element” (citation omitted)
- noting that concerns about the attorney–client privilege “disappear[] during postconviction relief proceedings”
- holding conclusory claims of prejudice are insufficient to satisfy the prejudice component of a claim of ineffective assistance of counsel
- finding the record inadequate to address the defendant’s ineffective-assistance-of-counsel claim on direct appeal

## Opinion text

WIGGINS, Justice
(dissenting).
The record is unequivocal that at. the time the district court accepted the defendant’s guilty plea, the court failed to advise the defendant that the sentence for voluntary absence .began “at the expiration of any. existing sentence.” Iowa Code § ,901.8 (2003). I believe this failure violated our rule requiring the court to inform the defendant of “[t]he mandatory minimum punishment, if any, and the maximum possible punishment provided by the statute defining the offense to which the plea is offered.” Iowa R.Crim. P. 2.8(2)(b)(2). For the reasons stated in the dissenting opinion in State v. Straw, 709 N.W.2d 128, 145 (Iowa 2006) (Lavorato, C.J;, dissenting), I would presume prejudice, vacate the judgment of sentence and conviction, and remand the case to the district court. .
LAVORATO, C.J., joins this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9676272. Public record. Not legal advice.