IN THE COURT OF APPEALS OF IOWA

No. 16-0283

Filed April 5, 2017

STATE OF IOWA,

Plaintiff-Appellee,

vs.

STEPHANY RAMIREZ-HERNANDEZ,

Defendant-Appellant.

______________________________________________________________

Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, 

Judge.

Defendant appeals her conviction for ongoing criminal conduct. 

AFFIRMED.

Zeke R. McCartney of Reynolds & Kenline, L.L.P., Dubuque, for 

appellant.

Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant 

Attorney General, for appellee.

Considered by Mullins, P.J., and Bower and McDonald, JJ. Tabor, J., 

takes no part.
2

BOWER, Judge.

Stephany Ramirez-Hernandez, along with Liosvany Rodriguez, her 

co-defendant, committed ongoing credit card fraud throughout Iowa from 

April 29, to May 11, 2015. After making purchases totaling nearly $1500,

Ramirez-Hernandez and Rodriguez were arrested.

Ramirez-Hernandez and Rodriguez both retained attorney Benjamin 

Bergmann (attorney Benjamin) to represent them. Ramirez-Hernandez and 

Rodriguez executed written waivers of any potential conflict of interest 

attorney Benjamin might encounter during his joint representation. On 

August 26, before a scheduled change of plea hearing, attorney Benjamin 

was convinced by a district court judge to end the joint representation. 

Attorney Benjamin filed a motion to continue the change of plea hearing and

subsequently filed a motion to withdraw. The motion to withdraw was 

granted, and Ramirez-Hernandez was then represented by attorney Beau 

Bergmann (attorney Beau).

Attorney Beau had been involved in Ramirez-Hernandez’s case in a 

limited capacity for a show cause hearing on June 15.

1

 A memorandum of 

plea agreement negotiated by attorney Benjamin but reviewed and signed by 

attorney Beau, was entered on October 7, 2015. A plea hearing was held on 

November 20, in Scott County, and the court specifically discussed double 

jeopardy related to a companion case in Polk County, Ramirez-Hernandez’s 

ability to understand English, and possible immigration consequences. 

 

1

 The hearing concerned a warrant issued for Ramirez-Hernandez for failure to 

appear and bond forfeiture against the surety due to an appearance not having been 

filed by counsel. The warrant and hearing date were canceled by agreement.
3

However, the district court did not address any issues about possible conflicts

of interest.

Ramirez-Hernandez was sentenced on January 14, 2016, to a

twenty-five year prison sentence, which was subsequently reconsidered and 

suspended in July of 2016. Ramirez-Hernandez now appeals her conviction,

claiming attorney Beau was ineffective due to attorney Benjamin’s conflict of 

interest, which she claims should be imputed to attorney Beau. 

Ramirez-Hernandez also claims the district court was required to address any 

potential conflicts of interest before accepting her plea.

We find the record before this court is not adequate to resolve these 

claims. Therefore, we affirm Ramirez-Hernandez’s conviction but preserve all 

claims for possible postconviction-relief proceedings. See State v. DeCamp, 

622 N.W.2d 290, 296 (Iowa 2001) (“Ineffective assistance of counsel claims 

presented on direct appeal are typically preserved for [postconviction-relief]

proceedings to allow for a full development of the facts surrounding the 

conduct of counsel.”).

AFFIRMED.