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IN THE COURT OF APPEALS OF IOWA No. 9-1008 / 09-0472 Filed December 30, 2009 STATE OF IOWA, Plaintiff-Appellee, vs. MICHI DESHAWN PALMER, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Robert J. Blink (pleas) and Carla T. Schemmel (sentencing), Judges.

Defendant appeals his conviction and sentence following his guilty plea to possession of cocaine with intent to deliver and possession of a firearm as a felon. AFFIRMED.

Mark C. Smith, State Appellate Defender, and Dennis D. Hendrickson, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, John Sarcone, County Attorney, Daniel C. Voogt and Robert DiBlasi, Assistant County Attorneys, for appellee.

Considered by Eisenhauer, P.J., Potterfield, J., and Huitink, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

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HUITINK, S.J. On November 15, 2007, Michi Palmer was charged with possession of a controlled substance (cocaine) with intent to deliver, second offense, while in the immediate possession or control of a firearm; failure to possess a drug tax stamp; and possession of a firearm as a felon. On November 9, 2008, he was charged with possession of a controlled substance with intent to deliver (cocaine base), possession of a controlled substance with intent to deliver (marijuana), disarming a police officer, and assault of a police officer causing bodily injury. Additionally, the State alleged Palmer had violated his parole. Palmer entered into a plea agreement whereby he would plead guilty to possession of a controlled substance (cocaine) with intent to deliver while in the immediate possession or control of a firearm, in violation of Iowa Code sections 124.401(1)(c)(2)(d) and 124.401(1)(e) (2007), and possession of a firearm as a felon, in violation of section 724.26. Also, as part of the plea agreement the other charges against Palmer would be dismissed. The parties agreed that Palmer could argue that the sentence on these two charges would run concurrently, while the State could argue that they would be consecutive. The defendant and the State agreed to recommend that the previous sentence for which Palmer was on parole would run concurrently to the sentence on these two charges. The trial information alleged Palmer had been in possession of a firearm on March 13, 2006. In the guilty plea proceedings held on January 20, 2009, while establishing a factual basis for the charge of possession of a firearm as a felon, the following exchange occurred:

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The Court: Okay. On March 13th of 2006, were you in Polk County, Iowa? Defendant: I'm not sure. The Court: Well, the Trial Information claims that on March 13th of 2006, you were in Polk County, Iowa, at the time that you possessed a firearm. Prosecutor: Your Honor

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