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IN THE COURT OF APPEALS OF IOWA No. 2-222 / 10-1515 Filed June 27, 2012

MARK JOSEPH LOUVIERE, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Black Hawk County, Richard D. Stochl, Judge.

Petitioner seeks postconviction relief for his convictions, based on his guilty plea, to two counts of possession of methamphetamine with intent to deliver, with a firearm enhancement. AFFIRMED.

Richard E. H. Phelps of Phelps Law Office, Mingo, for appellant. Thomas J. Miller, Attorney General, Richard J. Bennett, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brad Walz and Kim Griffith, Assistant County Attorneys, for appellee State.

Considered by Eisenhauer, C.J., Potterfield, J., and Huitink, S.J.* Bower, J., takes no part.
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2011).

2 HUITINK, S.J. I. Background Facts & Proceedings. The postconviction record in this case contains the following facts: Mark Louviere, a physician, was the subject of an investigation by the Tri-County Drug Task Force. On April 3, 2007, officers searched Louviere 's home in Waterloo, Iowa, and found several firearms and ammunition in a cabinet above a roll-top desk in a home office. One weapon, a Ruger .22 caliber rifle, was found hanging on the wall in the office. In a boot inside the garage, which was not attached to the house, officers found more than five grams of methamphetamine. Also,

Louviere was house-sitting for a neighbor, and after getting permission from the neighbor, officers found more than five kilograms of methamphetamine in a duffle bag in a basement closet. The duffle bag had a tag with Louviere's name on it and contained several of his business cards. During the search a woman, M.S., came to the home asking to speak to Louviere. She told officers she had seen quantities of methamphetamine in the home. She also stated she had seen Louviere counting money in his home office. Louviere admitted to officers that he used methamphetamine and that he was involved in the sale of methamphetamine, with several sales occurring from his home. Louviere's home was within 1000 feet of a public park. Louviere was charged with Count I, conspiracy to possess a controlled substance with intent to deliver, or possession with intent to deliver, involving more than five kilograms of methamphetamine within 1000 feet of a public park and while in the immediate possession or control of a firearm, in violation of Iowa Code sections 124.401(1)(a), (e), and 124.401A (2007); Count II, conspiracy to

3 possess a controlled substance with intent to deliver, or possession with intent to deliver, involving more than five grams of methamphetamine within 1000 feet of a public park and while in the immediate possession or control of a firearm, in violation of sections 124.401(1)(b), (e), and 124.401A; and Count III, failure to affix a drug tax stamp, in violation of section 453B.12. Louviere entered into a plea agreement that provided: (1) he would plead guilty to the offenses as charged; (2) on Count I, he would be sentenced to one hundred years in prison, with the one-third mandatory minimum reduced by another one-third;1 (3) on Count II, he would be sentenced to fifty years in prison, with the one-third mandatory minimum reduced by one-third; (4) on Count III, he would be sentenced to five years in prison; (5) the sentences would run concurrently; (6) Louviere would continue to assist law enforcement, even after sentencing; (7) the case would not be referred for federal prosecution; and (8) the court could retain jurisdiction for one year, however, "[t]he State makes no agreement to file any motions for reduction of the Defendant 's mandatory minimum sentence and the Defendant acknowledges that the State is the only party that may make such a motion."2 At the plea hearing, Louviere answered in the affirmative when asked if he admitted to the elements of the crime, including the immediate possession or
For a conviction under section 124.401(1)(a) or (b) involving methamphetamine, where a defendant pleads guilty, "the court may, at its discretion, reduce the mandatory minimum sentence by up to one-third." Iowa Code

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