Saturday, December 01, 2007

Be Careful What You Ask For

State v. Harms, no. 06-1703, (Iowa Ct. App. November 29, 2007).

This case is a homily on the old adage that you have to be careful of what you wish for, because you might just get it-and the other adage that it's best to steer clear of unintended consequences and keep your fingers in your ears when the jailhouse lawyers start rendering advice.

Harms was charged with one count of Theft-1st degree, and there was a negotiated plea to a single count of second degree theft. Prior to sentencing, Harm filed a motion in arrest of judgment alleging that there was no factual basis for his plea and his attorney was ineffective.

The motion was granted and the case was dismissed without prejudice. So far, so good.

Then, those wild and crazy guys and gals over at the Polk County Attorney filed an amended trial information, charging Harms with ten counts of Theft-first degree.

Harms pled guilty to two counts of theft first degree and was sentenced to two consecutive terms of incarceration for his trouble.

Now. That legal advice from the jail really helped a lot, didn't it?

And then, of course, there was that pesky vehicular homicide case from Webster County to consider.


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