STATE v. LOYE, 662 N.W.2d 371 (Iowa App. 2003)

No. 2-949 / 01-1456Court of Appeals of Iowa.
Filed January 29, 2003

Appeal from the Iowa District Court for Pottawattamie County, Keith E. Burgett, Judge.

Theresa Loye appeals following her guilty pleas to possession of marijuana, two counts of possession of burglar’s tools, ongoing criminal conduct, and seven counts of third-degree burglary. APPEAL DISMISSED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnson, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Richard Crowl, County Attorney, and Martha Heinicke, Assistant County Attorney, for appellee.

Considered by Huitink, P.J., and Mahan and Vaitheswaran, JJ.

HUITINK, P.J.

Theresa Loye appeals following her guilty pleas to possession of marijuana in violation of Iowa Code section 124.401(5) (1999); two counts of possession of burglar’s tools in violation of section 713.7; ongoing criminal conduct in violation of sections 706A.1, 706A.2(4), and 706A.4; and seven counts of third-degree burglary in violation of section 713.6A. She raises several claims on appeal. We determine the appeal must be dismissed.

I. Background Facts Proceedings
Loye admitted her underlying problem was drug addiction. On June 21, 2001, Loye pled guilty to the charges against her, with the understanding she would be sent to “drug court.”[1] After accepting Loye’s plea, the court transferred jurisdiction of the case from criminal district court to drug court.

In fact, Loye was not successful in the drug court program. On August 30, 2001, she appeared before the district court and was sentenced to a term of imprisonment not to exceed sixty-four years, plus six months in the county jail on the marijuana charge.[2] She appealed on September 19, 2001.

II. Waiver
The State claims that during the guilty plea proceedings, Loye agreed to waive her right to appeal. Our supreme court has held, “a defendant may expressly waive the right to appeal in a plea bargain agreement as long as the defendant voluntarily, knowingly, and intelligently waives the right.” State v. Hinners, 471 N.W.2d 841, 845 (Iowa 1991). The record must show the defendant knows about the right of appeal and intentionally relinquishes it. Id.

During the plea proceedings, the district court informed Loye:

[Y]ou waive all of your rights to — when you come into drug court to appeal to the supreme court. You waive your right to complain about being rejected from drug court if you screw up and don’t follow the rules and are taken out of the drug court program. So you’re giving up a whole lot when you come in here. We know that. But we think that in return you’re receiving substantially greater benefits.

After this explanation, Loye affirmatively pled guilty and stated she wanted to participate in the drug court program. We conclude Loye voluntarily, knowingly, and intelligently waived her right to appeal.

Because Loye waived her right to appeal, we determine this appeal should be dismissed.

APPEAL DISMISSED.