IN THE COURT OF APPEALS OF IOWA
No. 16-2228
Filed September 13, 2017
STATE OF IOWA,
Plaintiff-Appellee,
vs.
ANTHONY DAVIS,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Johnson County, Marsha A.
Bergan, Judge.
Defendant appeals his conviction for assault on persons engaged in
certain occupations causing bodily injury. AFFIRMED.
John J. Bishop, Cedar Rapids, for appellant.
Thomas J. Miller, Attorney General, and Genevieve Reinkoester, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
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BOWER, Judge.
Anthony Davis appeals his conviction for assault on persons engaged in
certain occupations causing bodily injury. We find Davis has failed to show he
received ineffective assistance on the ground defense counsel permitted him to
plead guilty where there was not an adequate factual basis for the plea. There is
an adequate factual basis in the record, and we affirm Davis’s conviction.
I. Background Facts & Proceedings
According to the minutes of testimony, on November 22, 2016, Davis was
an inmate at the Johnson County jail. Sergeant Demetrius Marlowe went to
speak with Davis about an argument Davis was having with another inmate. The
minutes state, “Sgt. Marlowe asked the Defendant to open the door in the
hallway to walk to holding and the Defendant punched Sgt. Marlowe in the jaw
without warning. The Defendant struggled with officers and continued to yell
threats at Sgt. Marlowe.”
Davis was charged with assault on persons engaged in certain
occupations causing bodily injury, in violation of Iowa Code section 708.3A(3)
(2016), an aggravated misdemeanor. Davis signed a written guilty plea to the
charge, in which he stated, “I did assault a peace officer in uniform causing bodily
injury.” The court accepted Davis’s plea, finding “from an examination of
Defendant’s written guilty plea and from a review of the trial information, together
with the minutes of testimony, that there is a factual basis for Defendant’s plea of
guilty.” Davis was sentenced to a term of imprisonment not to exceed two years,
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to be served concurrently with other sentences he was serving. Davis now
appeals, claiming he received ineffective assistance of counsel.
II. Standard of Review
We conduct a de novo review of claims of ineffective assistance of
counsel. State v. Maxwell, 743 N.W.2d 185, 195 (Iowa 2008). To establish a
claim of ineffective assistance of counsel, a defendant must prove (1) counsel
failed to perform an essential duty and (2) prejudice resulted to the extent it
denied the defendant a fair trial. Id. A defendant’s failure to prove either element
by a preponderance of the evidence is fatal to a claim of ineffective assistance.
State v. Polly, 657 N.W.2d 462, 465 (Iowa 2003).
III. Merits
Davis claims he received ineffective assistance because defense counsel
permitted him to plead guilty when there was not an adequate factual basis for
his plea. He states while there may have been an adequate factual basis based
on the minutes of testimony to show he assaulted Sergeant Marlowe, the
minutes do not provide a factual basis to show Sergeant Marlowe suffered a
bodily injury. Davis claims there is no factual basis in the record to support the
bodily-injury element of the offense.
“It is a responsibility of defense counsel to ensure that a client does not
plead guilty to a charge for which there is no objective factual basis.” State v.
Finney, 834 N.W.2d 46, 54 (Iowa 2013). There is no requirement for evidence
beyond a reasonable doubt, only a need for a factual basis to support the charge.
Id. at 62. In considering whether there is a factual basis for a guilty plea, “the
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entire record before the district court may be examined.” Id. “The defendant’s
admission on the record of the fact supporting an element of an offense is
sufficient to provide a factual basis for that element.” State v. Philo, 697 N.W.2d
481, 486 (Iowa 2005).
We determine there is a sufficient factual basis in the record to support
Davis’s plea of guilty to assault on persons in certain occupations causing bodily
injury. Davis’s signed guilty plea states, “I did assault a peace officer in uniform
causing bodily injury.” The minutes and Davis’s written guilty plea establish the
factual basis for the offense of assault on persons engaged in certain
occupations causing bodily injury. See State v. Sutton, 853 N.W.2d 284, 287
(Iowa Ct. App. 2014). Davis’s admission the assault caused bodily injury is
sufficient to provide a factual basis on the “causes bodily injury” element of the
offense. See Iowa Code § 708.3A(3); Philo, 697 N.W.2d at 486. We conclude
Davis has not shown he received ineffective assistance because defense
counsel permitted him to plead guilty to the offense.
We affirm Davis’s conviction for assault on persons engaged in certain
occupations causing bodily injury.
AFFIRMED.