Krier v. State, 14–0475.

• Decision Date: 10 June 2015
• Docket Number: No. 14–0475.,14–0475.
• Citation: 868 N.W.2d 201 (Table)
• Parties: Sean Edward KRIER, Applicant–Appellant, v. STATE of Iowa, Respondent–Appellee.
• Court: Iowa Court of Appeals

868 N.W.2d 201 (Table)

Sean Edward KRIER, Applicant–Appellant
v.
STATE of Iowa, Respondent–Appellee.

No. 14–0475.

Court of Appeals of Iowa.

June 10, 2015.

William R. Monroe, of Law Office of William Monroe, Burlington, for appellant.

Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, Adam Parsons, County Attorney, and David Matthews, Assistant County Attorney, for appellee.

Considered by DANILSON, C.J., and POTTERFIELD and BOWER, JJ.

Opinion

BOWER, J.

Sean Krier appeals the district court's denial of his application for postconviction relief (PCR) claiming his trial counsel was ineffective. In 2008, Krier was charged with third-degree sexual abuse. Krier pleaded guilty. The district court sentenced Krier to a term of no more than ten years in the custody of the department of corrections. The court ordered the sentence suspended and placed Krier on probation for at least two years and no more than five years. Krier appealed this sentence, and we rejected Krier's claims on appeal.¹ In 2010, Krier filed an application for PCR, which he amended in 2012. The district court denied Krier's application, and he now appeals.

On appeal, Krier claims his trial counsel was ineffective for failing to advise him that his guilty plea would subject him to a mandatory minimum of five years of electronic monitoring (pursuant to Iowa Code section 692A.124 (2007) ) and for failing to object to the prosecutor's alleged breach of the plea agreement.

In its well-reasoned and thorough opinion, the district court denied Krier's application. We agree with the district court that our prior case law and federal case law establish Chapter 692A is remedial and not punitive. See Doe v. Bredsen, 507 F.3d 998, 1000 (6th Cir.2007) (finding Tennessee sex offender registration and monitoring statute requiring convicted sex offenders to wear an electronic tracking device did not constitute punishment and was merely a civil regulatory scheme); see also State v. Seering, 701 N.W.2d 655, 667 (Iowa 2005) (finding the residency restriction in Chapter 692A was not punitive in nature); State...