IN THE COURT OF APPEALS OF IOWA
No. 14-1352
Filed April 22, 2015
STATE OF IOWA,
Plaintiff-Appellee,
vs.
FREDERICK JOSEPH OLSON,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Cerro Gordo County, Gregg R.
Rosenbladt, Judge.
A defendant appeals following his guilty plea to interference with official
acts while displaying a dangerous weapon. CONVICTION ON INTERFERENCE
CHARGE VACATED, SENTENCES VACATED, AND CASE REMANDED WITH
DIRECTIONS.
Mark C. Smith, State Appellate Defender, and Robert P. Ranschau,
Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant
Attorney General, Carlyle D. Dalen, County Attorney, and R. Blake Norman,
Assistant County Attorney, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
2
MULLINS, J.
Frederick Olson appeals following his guilty plea to burglary in the third
degree and interference with official acts while displaying a dangerous weapon.1
See Iowa Code §§ 713.6A, 719.1(1) (2011). He claims his attorney was
ineffective in failing to object or file a motion in arrest of judgment because the
record failed to provide a factual basis to support the guilty plea to the
interference charge. Specifically, he claims there was no evidence he possessed
a dangerous weapon during his interactions with the police officers.
Before accepting a guilty plea, the court must determine a factual basis
supports the plea. See Iowa R. Crim. P. 2.8(2)(b) (“The court may refuse to
accept a plea of guilty, and shall not accept a plea of guilty without first
determining that the plea is made voluntarily and intelligently and has a factual
basis.”). “Where a factual basis for a charge does not exist, and trial counsel
allows the defendant to plead guilty anyway, counsel has failed to perform an
essential duty. Prejudice is inherent in such a case.” State v. Gines, 844 N.W.2d
437, 441 (Iowa 2014).
Here, the State concedes the record fails to provide a factual basis to
support the guilty plea to the interference charge. The State requests we vacate
1
Olson was originally charged in two separate trial informations with third-degree
burglary as an habitual offender, possession of burglar tools, attempt to commit murder,
and first-degree burglary. The parties entered into a plea agreement to resolve these
two cases along with a third case. The agreement called for Olson to plead guilty to
third-degree burglary as an habitual offender. The State would amend the attempted
murder charge to interference with official acts while displaying a dangerous weapon as
an habitual offender, and Olson would plead guilty to this amended charge. The other
charges would be dismissed, and the State would recommend the fifteen-year
sentences on both guilty pleas to run concurrently.
3
the conviction on that count and remand the case to the district court to permit
the State an opportunity to supplement the record to establish a factual basis to
support the plea. See id. 441-42 (noting that when it is possible that a factual
basis for a plea could be established, the remedy is to vacate the conviction and
remand the case to the district court to give the State an opportunity to establish
a factual basis).
We conclude that the proper remedy in the case is to vacate Olson’s
conviction on the interference charge, vacate Olson’s sentences on both
charges, and remand the case to the district court to permit the State to
supplement the record to provide a factual basis to support the plea. See id. If a
factual basis is shown, Olson should be resentenced on all counts, including the
burglary conviction. See id. If a factual basis is not shown, the district court
should vacate the conviction on the burglary count and return the State to the
position it had before the plea agreement. See id. at 442. If this occurs, the
State may reinstate any charges or sentencing enhancements it dismissed in
contemplation of the plea agreement, file any additional charges supported by
the evidence, and proceed against Olson accordingly. See id.
CONVICTION ON INTERFERENCE CHARGE VACATED, SENTENCES
VACATED, AND CASE REMANDED WITH DIRECTIONS.