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TONY GOODSON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee.
State: Iowa
Court: Court of Appeals
Docket No: No. 1-754 / 10-2074
Case Date: 12/21/2011
Preview:IN THE COURT OF APPEALS OF IOWA No. 1-754 / 10-2074 Filed December 21, 2011 TONY GOODSON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Black Hawk County, Thomas N. Bower, Judge.

An applicant appeals from the district court's dismissal of his postconviction relief application. AFFIRMED.

Mark C. Smith, State Appellate Defender, and Rachel C. Regenold, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Thomas W. Andrews, Assistant Attorney General, Thomas Ferguson, County Attorney, and Kim Griffith, Assistant County Attorney, for appellee.

Considered by Eisenhauer, P.J., and Doyle and Mullins, JJ.

2

MULLINS, J. In September 1993, Tony Goodson pleaded guilty to several crimes that he committed over a three-year period: two counts of delivery of a controlled substance (cocaine); possession of a controlled substance (cocaine) with intent to deliver; failure to affix a drug tax stamp; terrorism; possession of a controlled substance (marijuana) with intent to deliver; going armed with intent; assault causing bodily injury; assault by the display of a dangerous weapon; and carrying weapons. Pursuant to a plea agreement, the district court sentenced Goodson to concurrent sentences on all the convictions, resulting in Goodson receiving a term of imprisonment not to exceed ten years. After Goodson's release from prison, he committed federal drug-related crimes in 2007, for which he was sentenced in 2008. In June 2010, Goodson filed an application for postconviction relief. He argued that in 1993, his trial counsel should have advised him that if he later committed and was convicted of federal drug offenses, he could potentially be sentenced under the three-strikes provisions of federal law. The State moved for summary dismissal arguing Goodson's application was time barred. See Iowa Code
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