State of Iowa, Plaintiff–Appellee, v. Rueben Lee Hickman, Defendant–Appellant. (2026)

Rueben Hickman appeals his conviction following his guilty plea to third-degree harassment, a simple misdemeanor. He claims the district court denied him due process in accepting the plea because the court failed to find by a preponderance of the evidence Hickman was competent to stand trial.

Hickman has no right to challenge his guilty plea to a simple misdemeanor offense. See Iowa Code § 814.6(1)(a)(3) (2023). The supreme court treated Hickman's notice of appeal and brief as an application for discretionary review and submitted it to us for consideration. See Iowa R. App. P. 6.151(1). We are authorized, but not required, to grant discretionary review if we determine “substantial justice has not been accorded the applicant.” Iowa R. App. P. 6.106(2). The State urges us to deny discretionary review because Hickman's appeal was untimely as it was not filed within ten days after judgment. See Iowa R. Crim. P. 2.72(2). We need not reach the timeliness issue because Hickman has been accorded substantial justice. See Iowa R. App. P. 6.106(2).

Nothing in Hickman's appellate brief or the record suggests an actual deficiency in the plea proceeding. Moreover, we note this court recently considered and rejected this claim on the merits relating to Hickman's plea on different charges. See State v. Hickman, No. 25-0188, 2026 WL 892488, at *1 (Iowa Ct. App. Apr. 1, 2026) (affirming Hickman's convictions after pleading guilty to possession-of-a-controlled-substance and operating-while-intoxicated charges upon determining “[t]he transcript of the competency hearing refutes Hickman's claim”). On this record, we exercise our discretion not to grant discretionary review. We dismiss Hickman's appeal from his harassment conviction for lack of jurisdiction.

APPEAL DISMISSED.

BOWER, Senior Judge.