(dissenting).
I. When I read the 1980 and 1984 proceedings together, I am not persuaded Moe knew in 1980 he was entitled to representation by counsel at the plea proceeding and was entitled to be represented by counsel whether he was indigent or not. The only statements on this subject in the 1980 proceeding were in the context of representation by counsel at trial if indigent:
Q. (The Court) You understand if you sit here now and tell me you want to plead not guilty, I will set this down for trial and unless you waive jury trial, it will be a trial by jury and it will be a public trial and it will be within the next 90 days? A. (Defendant) I understand.
Q. Do you understand an attorney would be provided for you at public expense if you are indigent? A. I understand.
Q. Do you understand if you plead not guilty, you have a privilege against self-incrimination and you would not be required to testify at your trial? A. I understand.
(Emphasis added.)
Moe testified in the 1984 proceeding as the majority have quoted, but he also testified:
Q. (Prosecutor) Mr. Moe, at that September 1980 event when you pled guilty to OWI first, did the Court tell you that you had the right to an attorney? A. (Defendant) Yeah, I think so. I believe so.
Q. Mr. Moe, when you pled guilty to OWI in September of 1980, did the Court tell you you had the right to an attorney? A. Four years is a long time to try to remember everything. To be absolutely positively sure, I could not say to be absolutely positive.
Q. Do you remember just before your attorney entered his objection I asked you the same question? A. Uh-huh.
Q. And do you remember what you said? A. Yeah.
Q. Are you saying that you remember that you were offered the right to an attorney? A. Not positively.
Q. To the best of your knowledge you think you were told you had the right to an attorney? A. Uh, huh.
Q. You were informed of this right to an attorney before you proceeded with the guilty plea in 1980? A. Yeah, I would say so.
Q. Mr. Moe, in September of 1980 you — knowing you had the right to an attorney you still decided to go ahead and plead guilty to the charge of operating while intoxicated? A. Yes.
When Moe gave this testimony and the other testimony from the 1984 proceeding that the majority quote, was he testifying in reference to the only statement which *352appears in the 1980 proceeding regarding counsel, the statement in the context of counsel at trial if indigent? The record is bereft of any other information regarding right to counsel given to him in the 1980 proceeding.
We have no such showing here as in Adams v. State, 269 N.W.2d 442, 445 (Iowa 1978) (“In the present case the testimony of the attorney who represented plaintiff during the plea stage discloses plaintiff was carefully advised concerning the elements of the offense and that he understood what the state must prove to convict.”). Nor do we have a showing as in State v. Gillespie, 271 N.W.2d 686, 687 (Iowa 1978) (“However, attorney Doren Shifley, testified at the hearing as follows: ‘THE COURT:... Did you discuss with the defendant the aiding and abetting situation under the law where he can be tried and convicted as a principal? A. Yes, your Honor.’ ”).
I am not persuaded by the present unsatisfactory record that in the 1980 proceeding Moe knew he was entitled to counsel at the plea stage and was so entitled whether indigent or not. I would hold that a voluntary and intelligent waiver does not appear, and would reverse and remand for imposition of sentence for first offense.
REYNOLDSON, C.J., and McCORMICK, J., join this dissent.