IN THE COURT OF APPEALS OF IOWA
No. 14-1677
Filed October 28, 2015
STATE OF IOWA,
Plaintiff-Appellee,
vs.
ANTHONY WAYNE PIRTLE,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, Bradley J.
Harris, Judge.
A defendant appeals claiming his plea of guilty to possession of
methamphetamine lacked a factual basis. AFFIRMED.
Fred Stiefel, Victor, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik and Kelli Huser,
Assistant Attorneys General, Linda Fangman, County Attorney, and Brad Walz,
Assistant County Attorney, for appellee.
Considered by Mullins, P.J., and McDonald, J., and Eisenhauer, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2015).
2
MULLINS, Presiding Judge.
Anthony Pirtle pled guilty to possession of methamphetamine with intent to
deliver. He appeals, arguing counsel was ineffective in allowing him to plead
guilty when the record of the plea proceeding failed to establish a factual basis to
support a finding he knowingly possessed the methamphetamine.
The minutes of evidence establish that while executing a warrant to arrest
Pirtle in the lobby of a casino hotel, a law enforcement officer took him to the
floor. Officers subsequently found methamphetamine directly under where Pirtle
had just been lying, and later found additional methamphetamine in his pants
pocket. Pirtle was charged with possession of methamphetamine with intent to
deliver.1 Pursuant to a plea agreement, he pled guilty as charged.
At the plea hearing, the court informed Pirtle of the elements the State
would have to prove. Among those elements was that “you did possess a
controlled substance, methamphetamine, [and] that you knew that it was
methamphetamine.” The court then asked him a series of questions, including
whether he was in possession of methamphetamine on the date and location
alleged, to which Pirtle replied, “Yes, sir.” At the request of the court, Pirtle
agreed the court could rely on the minutes for further factual basis. When asked
what his plea was, Pirtle said, “Guilty.”
In this appeal, Pirtle argues the court erred in failing to ask him if he
knowingly possessed the methamphetamine and claims his counsel was
ineffective for failing to file a motion in arrest of judgment to challenge the plea.
1
He was also charged with, and pled guilty to, interference with official acts causing
bodily injury, but that conviction is not at issue in this appeal.
3
“Our cases do not require that the district court have before it evidence that the
crime was committed beyond a reasonable doubt, but only that there be a factual
basis to support the charge.” State v. Finney, 834 N.W.2d 46, 62 (Iowa 2013).
At the plea hearing, Pirtle admitted he possessed methamphetamine. In order to
admit one possesses methamphetamine, one must necessarily know that he was
in possession of methamphetamine.
Theoretically, one might possess a substance without prior knowledge that
he was in possession.
If the premises on which such substances are found are in
the exclusive possession of the accused, knowledge of their
presence on such premises coupled with his ability to maintain
control over such substances may be inferred. Although no further
proof of knowledge by the State is required in cases of exclusive
possession by the accused the inference of knowledge is rebuttable
and not conclusive.
State v. Reeves, 209 N.W.2d 18, 23 (Iowa 1973) (involving search of a
bedroom). Pirtle has made no claim that he was not in exclusive control of his
pants at any relevant time. The court informed him of the elements. He admitted
possession of methamphetamine, and he pled guilty. It is reasonable to infer that
he knew what was in his pants, and absent an effort to rebut that inference, no
further proof is necessary. There is a factual basis for the plea.
AFFIRMED.